(Madison County, NY – Dec. 2014) The Appellate Division of the Supreme Court unanimously upheld the decision of the Madison County Solid Waste Hearing Board and the Madison County Supreme Court, ending a two year legal battle with Syracuse Haulers.
The Appellate Division, 3rd Department, found Syracuse Haulers in violation of the flow control provisions of Madison County’s Local Law # 3 of 2004 due to their removal of construction and demolition debris from various Madison County public works projects that was required to be delivered to the County Solid Waste facility. The Appellate Division decision thereby affirmed the imposition of a total of $32,000 in civil surcharges and the levying of $1,500 in surcharges that had been suspended in a 2012 case before the Hearing Board.
In January 2014 Syracuse Haulers deposited $35,000 as a surety, and the entire $33,500 due to the County will be transferred to the Madison County Treasurer in full satisfaction of the underlying judgment.
The Appellate Division, 3rd Department’s decision arose as a result of an appeal by Syracuse Haulers from a Decision dated December 12, 2013 by the Madison County Supreme Court, Justice Donald Cerio that also affirmed the actions of the Solid Waste Hearing Board.