Town of Greenwich, NY
Washington County
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[HISTORY: Adopted by the Town Board of the Town of Greenwich 5-14-2002 by L.L. No. 1-2002. Amendments noted where applicable.]
GENERAL REFERENCES
Building permits — See Ch. 96.
Site plan review — See Ch. 159.
Subdivision of land — See Ch. 167.
The Town of Greenwich hereby finds that dredge material such as that from the Hudson River is often contaminated with polychlorobiphenyls (PCB's), dioxin or other toxic chemicals so that its disposal on land in the Town of Greenwich can imperil the health and safety of the residents of the Town by affecting water and air quality, and producing direct or indirect exposure of the population to these various toxic chemicals. Because of the Town of Greenwich's topography, geology, population concentrations, public water supplies, and the existence of parks, rivers, streams and environmentally sensitive areas there exist a relatively small number of sites for disposal of dredge materials. This chapter is intended to regulate disposal of such dredge material so as to insure that unacceptable toxic chemicals not be released or discharged into the environment and to eliminate the aforementioned effects by requiring that such disposal take place only upon sites which have been approved under the terms and conditions of a permit issued by the Greenwich Town Board.
As used in this chapter, the following terms shall have the meanings indicated:
DISPOSAL
The discharge, deposit, injection, dumping, spilling, leaking or placing of any dredge material so that such dredge material or any related constituent thereof may enter the environment, or the abandonment of any dredge material. “Disposal” also means the thermal destruction, decontamination, treatment and/or soil washing of dredge material.
DREDGE MATERIAL
Earth, sediment, rock, sludge or other matter dredged or otherwise removed or excavated from the Hudson River or any other body of water, wherever located, which is navigable in fact or which is being made navigable in fact by dredging.
DREDGE MATERIAL DISPOSAL FACILITY
Any facility employed beyond the initial dredge materials collection process, including but not limited to dredge material, rail haul or barge haul facilities, processing systems, or other facility reducing dredge material volume, landfills, plants and facilities for compacting, composting or pyrolization of dredge material, incinerators and dredge material disposal, reduction or conversation facilities.
DREDGE MATERIAL SITE
Any lands in the Town of Greenwich upon which dredge material is placed.
ENVIRONMENT
Air, water, minerals, flora or fauna.
NAVIGABLE IN FACT
Navigable in its natural or unimproved condition, affording a channel for useful commerce of a substantial and permanent character conducted in the customary mode of trade and travel on water. A theoretical or potential navigability or one that is temporary, precarious and unprofitable is not sufficient, but to be navigable in fact a lake or stream must have practical usefulness to the public as a highway for transportation.
PERSON
Any individual, public or private corporation, political subdivision, government agency, municipality, industry, copartnership, association, firm, trust, estate or any other legal entity whatsoever.
PLANNING BOARD
The Planning Board of the Town of Greenwich.
TOWN BOARD
The Town Board of the Town of Greenwich.
TOXIC CHEMICAL
Any chemical substance whose exposure to human life causes or is reasonably suspected to cause human disease, or as specifically designated by the rules of the Town Board or Planning Board, as hereinafter authorized.
No person shall own or operate any dredge material disposal facility, or any dredge material site, or, being the owner thereof, place, or allow, suffer or permit any other person to place dredge material upon any dredge material site, or engage in the disposal of dredge material without a permit therefor issued by the Town Board upon the recommendation of the Planning Board and then only in accordance with the terms and conditions of such permit.
A. 
The Town Board is authorized to issue permits for the ownership and/or operation of dredge material sites and/or dredge material disposal facilities upon the recommendation of the Planning Board following the review of the application by the Planning Board as hereinafter set forth.
B. 
Before the Town Board issues any such permit and before the Planning Board issues any recommendation to the Town Board, the applicant therefor shall:
(1) 
Make application to the Planning Board under Chapter 159, Site Plan Review, and follow all the procedures set forth therein; and in addition
(2) 
Satisfy the Planning Board by appropriate scientific evidence and studies that the proposed site is so located and will be so constructed and managed as to eliminate any measurable discharge of toxic chemicals into underground or surface water and minimize discharge into the atmosphere to not exceed levels fixed by the Planning Board. The Town Board may condition the issuance and continuation of any such permit upon such terms and conditions as will insure compliance with this standard.
C. 
The Town Board may revoke any such permit upon a finding, made after a hearing held in accordance with the provisions of § 71-1709 of the New York State Environmental Conservation Law, that the permit holder has violated any of such terms and conditions. The Town Board, in its discretion, may also impose a civil penalty of up to $10,000 for each such violation. Each day that a violation continues shall constitute a separate violation subject to the imposition of a penalty.
D. 
The Town Board is authorized to propose minimum standards governing the issuance and continuation of permits authorized under this chapter and the terms and conditions thereof and governing the operation, siting, design and construction of dredge material sites and dredge material facilities. Such standards:
(1) 
Shall be directed at the prevention or reduction of:
(a) 
Water pollution;
(b) 
Air pollution;
(c) 
Noise pollution;
(d) 
Obnoxious odors;
(e) 
Unsightly conditions caused by uncontrolled release of materials;
(f) 
Infestations of flies and vermin;, and
(g) 
Other conditions inimical to the public health, safety and welfare; and
(2) 
May identify specific toxic chemicals and acceptable levels of discharge thereof into the atmosphere, if any; and
(3) 
May require the posting of a performance bond as a condition of permit issuance to insure compliance with permit terms and conditions; and
(4) 
Shall become effective upon adoption by the Town Board as an amendment to this chapter and upon filing with the Secretary of State.
E. 
In addition, in proposing such minimum standards, the Town Board shall give due regard to the economic and technological feasibility of compliance therewith. Any minimum standard proposed hereto may differ in its terms and provisions as between particular types of dredge material or dredge material facilities and as between particular areas of the Town of Greenwich.
This chapter may be enforced by an action for injunctive relief brought in the name of the Town Board by the Attorney for the Town of Greenwich. In addition, the Town Board, after a hearing held in accordance with the provisions of § 71-1709 of the New York State Environmental Conservation Law, may assess a civil penalty in the amount of up to $10,000 per day for each day that a violation of this chapter continues. Such penalty may be recovered in an action brought in the name of the Town of Greenwich against any violator of this chapter. Nothing in this section shall be construed as establishing any action or actions as an exclusive remedy for violations of this chapter.
A. 
In addition to the penalties set forth in § 104-5, the Town Board, after the hearing referred to in such section, shall have the power to:
(1) 
Order the violator to restore the affected dredge material site or dredge material disposal facility or area immediately adjacent thereto to its condition prior to the violation, insofar as that is possible within a reasonable time and under the supervision of the Town Board; and/or
(2) 
Order the forfeiture to the Town of Greenwich of any equipment or vehicles used in committing the violation, whether or not such equipment or vehicles be owned by the violator.
B. 
Any such order under this section may be enforced by an action brought in the name of the Town by the Attorney for the Town of Greenwich against the violator and/or owner of any such equipment or vehicle.
All actions and proceedings by the Town Board or the Planning Board hereunder shall be in compliance with the New York State Environmental Quality Review Act and rules and regulations promulgated thereunder. It is hereby found and determined that the adoption of this chapter will not have a significant effect on the environment.