Town of Fort Edward, NY
Washington County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Fort Edward: Art. I, 7-25-1988 as L.L. No. 4-1988; Art. II, 3-25-1991 as L.L. No. 2-1991. Amendments noted where applicable.]
GENERAL REFERENCES
Hazardous wastes — See Ch. 62.
Junkyards — See Ch. 66.
Abandoned vehicles — See Ch. 96.
[Adopted 7-25-1988 as L.L. No. 4-1988]

§ 82-1 Findings; purpose; objectives.

A. 
It is hereby determined by the Town Board of the Town of Fort Edward that the landfilling, treatment and/or incineration of solid, liquid or any other waste within the Town of Fort Edward is likely to constitute a hazard and menace to the health and safety of the residents of the Town of Fort Edward.
B. 
It is further determined that the citizens of the Town of Fort Edward have vested legislative authority in its Town Board and that said Board is entrusted, among other duties, with the protection of the order, conduct, safety, health and well-being of persons and property therein and the protection and enhancement of said town's physical and visual environment.
C. 
It is further determined that the town, by local law, may exercise its police power to regulate all aspects of solid, liquid or any other waste within the Town of Fort Edward and to make appropriate rules, regulations, resolutions and laws intended to promote the general well-being of the persons and property situated therein.

§ 82-2 Definitions.

As used in this Article, the following terms shall have the meanings indicated:
PERSON
Includes any individual, firm, partnership, corporation, municipality, association of persons or governmental agency.

§ 82-3 Disposal restricted; effect on recycling.

A. 
It shall hereafter be unlawful for any person or entity to landfill, treat, incinerate and/or store solid, liquid or any other waste (including but not limited to garbage, refuse, industrial and commercial waste, rubbish, ashes, incinerator residue, demolition and construction debris and all hazardous wastes) within the Town of Fort Edward except in the Town of Fort Edward landfill.
B. 
Nothing herein shall be construed to restrict or impede any lawfully conducted recycling operations within the Town of Fort Edward that are authorized by the Town Board of the Town of Fort Edward.

§ 82-4 Penalties for offenses.

[Amended 3-11-1996 by L.L. No. 1-1996]
Any person violating the provision of this Article shall be guilty of a violation and, upon conviction thereof, shall be punished by a fine not exceeding two hundred fifty dollars ($250.) for each offense (each day of a violation of terms of this chapter constitutes a separate offense) and/or by imprisonment of not more than fifteen (15) days and/or requiring the signing of an agreement with either a private waste hauler or arranging for weekly municipal pickup of solid waste from premises.

§ 82-5 Effect on solid waste contracts.

This Article, as adopted, shall not invalidate any solid waste contract to which the Town of Fort Edward is a party.
[Adopted 3-25-1991 as L.L. No. 2-1991]

§ 82-6 Title.

This Article shall be entitled "Regulation of the Siting, Collection and Disposal of Solid Waste and Other Waste and Materials in the Town of Fort Edward (Outside the Village of Fort Edward), Washington County, New York, 1991."

§ 82-7 Definitions.

As used in this Article, the following terms shall have the meanings indicated:
AGRICULTURAL WASTE
That waste, disposed of in a disposal area located within the property boundary of a farm, generated from that farm, to include crop residuals, animal manure and animal carcasses and parts generated from that farm, and shall also include those waste pesticides generated by the farmer who used them, if the farmer complies with Parts 325.4 and 325.5 of the New York Codes, Rules and Regulations.
ASBESTOS WASTE
Friable solid waste that contains more than one percent (1%) asbestos by weight and can be crumbled, pulverized or reduced to powder, when dry, by hand pressure. Asbestos waste also includes any asbestos-containing solid waste that is collected in a pollution-control device designed to remove asbestos.
ASH RESIDUE
All the solid residue and any entrained liquids resulting from the combustion of solid waste or solid waste in combination with fossil fuel at a solid waste incinerator, including bottom ash, boiler ash, fly ash and the solid residue of any air-pollution-control device used at a solid waste incinerator.
BOTTOM ASH
The ash residue remaining after combustion of solid waste or solid waste in combination with fossil fuel in a solid waste incinerator that is discharged through and from the grates, combustor or stoker.
COLLECTOR
Any individual, association, partnership, firm or corporation in the business of collecting solid waste, other than their own solid waste.
COMBINED ASH
The mixture of bottom ash and fly ash.
CONSTRUCTION AND DEMOLITION DEBRIS
Uncontaminated solid waste resulting from the construction, remodeling, repair and demolition of structures and roads; and uncontaminated solid waste consisting of vegetation resulting from land clearing and grubbing, utility line maintenance and seasonal and storm-related cleanup. Such waste includes but is not limited to bricks, concrete and other masonry materials, soil, rock, wood, wall coverings, plaster, drywall, plumbing fixtures, nonasbestos insulation, roofing shingles, asphaltic pavement, glass, plastics that are not sealed in a manner that conceals other wastes, electrical wiring and components, containing no hazardous liquids, and metals that are incidental to any of the above. Solid waste that is not "construction and demolition debris" (even if resulting from the construction, remodeling, repair and demolition of structures and roads and land clearing) includes but is not limited to asbestos waste, garbage, corrugated container board, electrical fixtures containing hazardous liquids (such as fluorescent light ballasts or transformers), carpeting, furniture, appliances, tires, drums and containers and fuel tanks. Specifically excluded from the definition of "construction and demolition debris" is solid waste (including what otherwise would be 'construction and demolition debris') resulting from any processing technique, other than that employed at a construction and demolition processing facility, that renders individual waste components unrecognizable, such as pulverizing or shredding.
COUNTY
The County of Washington.
FLY ASH
The ash residue from the combustion of solid waste or solid waste in combination with fossil fuel that is entrained in the gas stream of the solid waste incinerator and removed by the air-pollution-control equipment.
HAZARDOUS WASTE
A waste or combination of wastes which, because of its quantity, concentration or physical, chemical or infectious characteristics:
A. 
May cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness;
B. 
May pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed;
C. 
Appears on the list of hazardous waste promulgated by the Commissioner of Environmental Conservation pursuant to § 26-0903 of the Environmental Conservation Law; or
D. 
Any municipality or governmental agency having appropriate jurisdiction shall determine to be so harmful, toxic or dangerous such that the health, safety or welfare of the public is at risk, or the operation of solid waste management facilities may be adversely affected.
HIGH-LEVEL RADIOACTIVE WASTE
As defined by 42 U.S.C. § 10101(12).
INDUSTRIAL WASTE
Solid waste generated by manufacturing or industrial processes. Such waste may include but is not limited to the following manufacturing processes: electric power generation; fertilizer/agricultural chemicals; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing/ foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay and concrete products; textile manufacturing; transportation equipment; and water treatment. This term does not include oil or gas drilling, production and treatment wastes (such as brines, oil and frac fluids); overburden, spoil or tailings resulting from mining; or solution mining brine and insoluble component wastes.
INFECTIOUS WASTE
Includes the following:
A. 
Surgical waste, which consists of materials discarded from surgical procedures involving the treatment of a patient on isolation, other than patients on reverse or protective isolation.
B. 
Obstetrical waste, which consists of materials discarded from obstetrical procedures involving the treatment of a patient on isolation, other than patients on reverse or protective isolation.
C. 
Pathological waste, which consists of discarded human tissues and anatomical parts which are discarded from surgery, obstetrical procedures, autopsy and laboratory procedures.
D. 
Biological waste, which consists of discarded excretions, exudates, secretions, suctionings and disposable medical supplies which have come in contact with these substances that cannot be legally discarded directly into a sewer and that emanate from the treatment of a patient on isolation, other than patients on reverse or protective isolation.
E. 
Discarded materials soiled with human emanations from the treatment of a patient on isolation, other than patients on reverse or protective isolation.
F. 
All waste being discarded from renal dialysis, including tubing and needles.
G. 
Discarded serums and vaccines that have not been autoclaved or returned to the manufacturer or point of origin.
H. 
Discarded laboratory waste which has come in contact with pathogenic organisms and which has not been rendered noninfectious by autoclaving or other sterilization techniques.
I. 
Animal carcasses exposed to pathogens in research, their bedding and other waste from such animals that is discarded.
J. 
Other articles that are being discarded that are potentially infectious and that might cause punctures or cuts, including hypodermic needles, intravenous needles and intravenous tubing with needles attached, that have not been autoclaved or subjected to a similar decontamination technique and rendered incapable of causing punctures or cuts.
LICENSED RADIOACTIVE WASTE
As defined by Section 38.23 of Title 12, Section 16.8 of Title 10 and Sections 380.3 through 380.5 of Title 6 of the Codes, Rules and Regulations of the State of New York.
LOW-LEVEL RADIOACTIVE WASTE
Those low-level radioactive wastes that are acceptable for disposal in a land disposal facility pursuant to the provisions of this Article. For the purpose of this Article, "low-level radioactive waste" has the same meaning as in the Federal Low-Level Radioactive Waste Policy Amendments Act of 1985, 42 U.S.C. § 2021b, et seq.
POLYCHLORINATE BIPHENYLS
As defined by the Toxic Substances Control Act (TSCA, Public Law 94-469).
PUTRESCIBLE
The tendency of organic matter to decompose with the formation of malodorous by-products.
RECOVER
Any act or process by which recyclables are separated from the solid waste stream.
RECYCLABLE MATERIALS
Scrap or other materials of value, including but not limited to newspapers, corrugated box board, paper, glass, metals and plastics.
RECYCLABLES
Solid waste that exhibits the potential to be used repeatedly in place of a virgin material.
RECYCLABLES HANDLING AND RECOVERY FACILITY
A solid waste management facility, other than collection and transfer vehicles, at which recyclables are separated from the solid waste stream or at which previously separated recyclables are collected.
RECYCLE
To use recyclables in place of virgin materials in manufacturing a product.
RECYCLING
Separating, segregating, processing and recovering recyclable materials from solid waste for the purpose of future use, sale or other disposition.
RECYCLING FACILITY
Any facility, plant, works, system, building, structure, improvement, machinery, equipment, fixture or other real or personal property which is to be used, occupied or employed in the pursuit of and for the purpose of recycling and for the purpose of storage, processing, packaging, selling, marketing or otherwise utilizing recyclable materials.
REFUSE
Anything putrescible or nonputrescible that is discarded or rejected as useless or worthless.
RESIDUALS
Sludge, sewage sludge, septage, air-pollution-control facility waste or any other such waste having similar characteristics or effects, and solid waste remaining after the processing of solid waste by composting methods that was not made into compost suitable for use.
RESOURCE RECOVERY
The extraction, production and recovery of energy from solid waste by means of combustion.
RESOURCE-RECOVERY FACILITY
Any facility, plant, works, system, building, structure, improvement, machinery, equipment, fixture or other real or personal property which is to be used, occupied or employed for the purpose of resource recovery.
SANITARY LANDFILL
A facility which includes types of operations in which solid waste is deposited by plan on a specified portion of open land, is compacted by force applied by mechanical equipment and then is covered by a layer of earth, all in accordance with or intended to be in accordance with Part 360 of the New York State Environmental Conservation Law, Rules and Regulations.
SLUDGE
Any solid, semi-solid or liquid waste generated from a wastewater treatment plant, water supply treatment plant or air-pollution-control facility, but does not include the treated effluent from a wastewater treatment plan.
SOLID WASTE
All putrescible and nonputrescible materials or substances that are discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including but not limited to garbage, refuse, industrial and commercial waste, sludges from air- or water-treatment facilities, rubbish, tires, ashes, contained gaseous material, incinerator residue, construction and demolition debris, discarded automobiles and offal.
SOLID WASTE MANAGEMENT FACILITY
Any facility, plant, works, system, building, structure, improvement, machinery, equipment, fixture or other real or personal property which is to be used, occupied or employed beyond the initial solid waste collection process for the storage, processing or disposal of solid waste or the recovery by any means of any material or energy product or resource therefrom, including but not limited to transfer stations; rail-haul or barge-haul facilities; resource-recovery facilities or other facilities for reducing solid waste volume; sanitary landfills; plants and facilities for compacting, composting or pyrolization of solid wastes, incinerators; and other solid waste disposal, reduction or conversion facilities. A "solid waste management facility" shall exclude a recycling facility.
SOURCE SEPARATION
The segregation of recyclable materials from the solid waste stream at the point of generation or collection for separate collection, sale or other disposition.
TOWN
The Town of Fort Edward.
TRANSFER STATION
A facility where solid waste is transferred by a collector, contractor or individual hauler to a container for transport to a sanitary landfill or other solid waste management facility but shall exclude a recycling facility.
TRANSURANIC WASTE
Radioactive waste containing alpha-emitting radionuclides of atomic number 93 or higher with a half-life greater than five (5) years and in concentrations greater than one hundred (100) nanocuries per gram.

§ 82-8 Legislative intent.

A. 
The preservation and improvement of the quality of the environment within the Town of Fort Edward in the face of growth, urbanization and change, with the accompanying demands on natural resources, farm lands and open space, are found to be of increasing and vital importance to the health, welfare and economic well-being of present and future inhabitants of the Town of Fort Edward and requires action by the governing body of the Town of Fort Edward. It is recognized that the integrity of the town's environment is in the natural beauty and farmlands of our surrounding community, which cannot be protected without the full cooperation and participation of all people of the Town of Fort Edward working in partnership with local, county and state officials together with enactment of local control through adoption of this Article.
B. 
The establishment of a local law which will facilitate an orderly program for the siting of, collection of and disposal of solid waste and other waste and materials within the Town of Fort Edward (outside the Village of Fort Edward), Washington County, is a necessary step to promote the welfare, convenience, health and safety of the citizens of the Town of Fort Edward and is necessary in creating a unified response to critical environmental issues within the town.
C. 
The following waste and other materials are subject to regulation under this Article:
(1) 
Agricultural waste.
(2) 
Asbestos waste.
(3) 
Ash residue.
(4) 
Construction and demolition debris.
(5) 
Hazardous waste.
(6) 
Infectious waste.
(7) 
Polychlorinate biphenyls.
(8) 
Sludge.
(9) 
Solid waste.
(10) 
Radioactive waste.
(11) 
High-level radioactive waste.
(12) 
Low-level radioactive waste.
(13) 
Transuranic waste.
(14) 
Recyclable materials.
D. 
The following facilities are subject to regulations under this Article:
(1) 
Solid waste management facility.
(2) 
Sanitary landfill.
(3) 
Resource recovery facility.
(4) 
Construction and debris landfill.
(5) 
Facilities disposing of items identified in Subsection C above.
E. 
Furthermore, upon analysis of Fort Edward's waste stream, potential exists for expansion of efforts to increase waste reduction with on-going composting and recycling efforts which will further reduce the dependency upon solid waste facilities within this regard.
F. 
The Town of Fort Edward Town Board recognizes that solid waste management is a continuous process, and the town must consider the development of on-going regulations and policies for the siting, collecting, transporting, treating and disposing of solid waste, hazardous waste, polychlorinate biphenyls and other materials.
G. 
If Fort Edward is to achieve long-term success in implementing waste reduction, recycling goals and protecting the environment from potential siting of solid waste and related facilities without local regulations, this Article must be enacted.
H. 
It is the intent of the Town Board to assert its rights to establish its own procedures, standards and programs for the Town of Fort Edward so as to protect the town's residents by ensuring that safe, proper and suitable solid waste management programs exist within the borders of the Town of Fort Edward (outside the Village of Fort Edward).

§ 82-9 Purpose and application.

A. 
The Town Board of the Town of Fort Edward, pursuant to the powers of Municipal Home Rule Law § 10, the Town Law, Article 27 of the Environmental Conservation Law, the General Municipal Law and the Statute of Local Governments, hereby enacts this Article, which shall preempt and supersede Chapter 681, an act in relation to solid waste treatment and disposal in Washington County (1987).
B. 
The Town Board of the Town of Fort Edward, pursuant to the powers of Municipal Home Rule Law, § 10, the Town Law, Article 27 of the Environmental Conservation Law, the General Municipal Law and the Statute of Local Governments, hereby enacts this Article, which shall preempt and supersede Local Law No. 1 of 1991 of Washington County.
C. 
The Town of Fort Edward hereby exercises and retains its rights and powers by this Article to regulate and implement within the Town of Fort Edward (outside the Village of Fort Edward) the siting of solid waste and other facilities collecting, receiving, transporting, delivering, storing, processing and disposing of solid waste and other materials, as specified in § 82-8, or the recovery by any means of any materials or energy product or resources therefrom, including delivery in any recycling efforts.
D. 
Notwithstanding any other law, general, specific or local, by the County of Washington, the Town of Fort Edward (outside the Village of Fort Edward), by its governing Board under this Article, the General Municipal Law, the Municipal Home Rule Law, the Town Law, the Statute of Local Government and Article 27 of the Environmental Conservation Law, shall have the power to adopt and amend local laws, ordinances or regulations to enforce its powers and rights under this Article with respect to the delivery of solid waste to a specific solid waste management resource-recovery facility.
E. 
The Town of Fort Edward (outside the Village of Fort Edward) by its governing Board is authorized and empowered by this Article, the General Municipal Law, the Municipal Home Rule Law, the Town Law, Article 27 of the Environmental Conservation Law and the Statute of Local Governments to assign to any agency, municipality or private sector, in whole or in part, by contract:
(1) 
Upon the town's adoption or amendment of local laws, ordinances and regulations, the administration, implementation and contractual powers and authority, rights and privileges of such laws, ordinances and regulations; and
(2) 
The powers, authorities, rights and privileges conferred on the town, including the administration and implementation thereof, all on such terms and conditions as the town and the agency may agree.
F. 
The Town of Fort Edward (outside the Village of Fort Edward) by its governing Board is authorized and empowered by this Article, the General Municipal Law, the Municipal Home Rule Law, the Town Law, the Statute of Local Governments and Article 27 of the Environmental Conservation Law to enter into agreements with said County of Washington or other municipal entities or the private sector regarding siting of solid waste and other facilities as specified in § 82-8, disposal of materials as specified in § 82-8, solid waste collection, receiving, transporting, delivering, storing and processing within the Town of Fort Edward (outside the Village of Fort Edward).

§ 82-10 Inconsistency and supersession.

A. 
Insofar as the provisions of this Article are inconsistent with the provisions of any other act, general or specific, or any local law, ordinance or resolution of the County of Washington or other municipality or any enabling legislation powers granted to the County of Washington by the New York State Legislature, the provisions of this Article shall be controlling. This Article, enacted pursuant to Municipal Home Rule Law § 10 of the State of New York, Article 27 of the Environmental Conservation Law, the Town Law, the General Municipal Law and the Statute of Local Government, specifically supersedes New York Chapter 681 of Washington County, Solid Waste Treatment and Disposal (1987), as it relates to the ability and powers of Washington County in the siting of solid waste facilities and other facilities, the collecting, receiving, transporting, delivering, storing, processing and disposing of solid waste, other waste and polychlorinate biphenyls or recovery within the Town of Fort Edward (outside the Village of Fort Edward).
B. 
This Article, enacted pursuant to Municipal Home Rule Law § 10 of the State of New York, Article 27 of the Environmental Conservation Law, the Town Law, the General Municipal Law and the Statute of Local Governments, specifically supersedes Local Law No. 1 of 1991 of Washington County in all respects.
C. 
This Article furthermore supersedes any other chapters of New York State law and local laws or ordinances of the County of Washington which purported to grant enabling powers and legislation to Washington County regarding siting, collecting, receiving, transporting, delivering, storing, processing and disposing of solid waste, other waste and materials as specified in § 82-8 or recovery within the Town of Fort Edward (outside the Village of Fort Edward).
D. 
This Article specifically supersedes any future chapters of New York State law granting enabling powers to Washington County and any future local laws or ordinances of Washington County regarding the siting of solid waste facilities and other facilities as specified in § 82-8, collecting, receiving, transporting, delivering, storing, processing and disposing of solid waste or other waste or polychlorinate biphenyls and other materials as specified in § 82-8, or recovery within the Town of Fort Edward (outside the Village of Fort Edward).
E. 
This Article hereby asserts the powers and rights of the Town of Fort Edward to adopt and amend local laws within its borders so that any local laws, ordinances, amendments and legislative enabling powers enacted by Washington County shall not take precedent over and shall not supersede this Article or amendments or future local laws by Fort Edward relating to the rights of the Town of Fort Edward in siting of solid waste facilities and other facilities as specified in § 82-8, collecting, receiving, transporting, delivering, storing, processing and disposing of solid waste, other waste and other materials as specified in § 82-8 or recovery within the Town of Fort Edward (outside the Village of Fort Edward).