[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.]
[Adopted 7-25-1988 as L.L. No. 4-1988]
A.Â
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.Â
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.Â
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.
As used in this Article, the following terms
shall have the meanings indicated:
Includes any individual, firm, partnership, corporation,
municipality, association of persons or governmental agency.
A.Â
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.Â
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.
[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.
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]
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."
As used in this Article, the following terms
shall have the meanings indicated:
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.
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.
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.
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.
Any individual, association, partnership, firm or corporation
in the business of collecting solid waste, other than their own solid
waste.
The mixture of bottom ash and fly ash.
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.
The County of Washington.
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.
A waste or combination of wastes which, because of its quantity,
concentration or physical, chemical or infectious characteristics:
May cause or significantly contribute to an
increase in mortality or an increase in serious irreversible or incapacitating
reversible illness;
May pose a substantial present or potential
hazard to human health or the environment when improperly treated,
stored, transported, disposed of or otherwise managed;
Appears on the list of hazardous waste promulgated
by the Commissioner of Environmental Conservation pursuant to § 26-0903
of the Environmental Conservation Law; or
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.
As defined by 42 U.S.C. § 10101(12).
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.
Includes the following:
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.
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.
Pathological waste, which consists of discarded
human tissues and anatomical parts which are discarded from surgery,
obstetrical procedures, autopsy and laboratory procedures.
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.
Discarded materials soiled with human emanations
from the treatment of a patient on isolation, other than patients
on reverse or protective isolation.
All waste being discarded from renal dialysis,
including tubing and needles.
Discarded serums and vaccines that have not
been autoclaved or returned to the manufacturer or point of origin.
Discarded laboratory waste which has come in
contact with pathogenic organisms and which has not been rendered
noninfectious by autoclaving or other sterilization techniques.
Animal carcasses exposed to pathogens in research,
their bedding and other waste from such animals that is discarded.
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.
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.
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.
As defined by the Toxic Substances Control Act (TSCA, Public
Law 94-469).
The tendency of organic matter to decompose with the formation
of malodorous by-products.
Any act or process by which recyclables are separated from
the solid waste stream.
Scrap or other materials of value, including but not limited
to newspapers, corrugated box board, paper, glass, metals and plastics.
Solid waste that exhibits the potential to be used repeatedly
in place of a virgin material.
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.
To use recyclables in place of virgin materials in manufacturing
a product.
Separating, segregating, processing and recovering recyclable
materials from solid waste for the purpose of future use, sale or
other disposition.
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.
Anything putrescible or nonputrescible that is discarded
or rejected as useless or worthless.
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.
The extraction, production and recovery of energy from solid
waste by means of combustion.
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.
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.
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.
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.
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.
The segregation of recyclable materials from the solid waste
stream at the point of generation or collection for separate collection,
sale or other disposition.
The Town of Fort Edward.
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.
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.
A.Â
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.Â
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.Â
The following waste and other materials are subject
to regulation under this Article:
(1)Â
Agricultural waste.
(2)Â
Asbestos waste.
(3)Â
Ash residue.
(4)Â
Construction and demolition debris.
(5)Â
Hazardous waste.
(6)Â
Infectious waste.
(7)Â
Polychlorinate biphenyls.
(8)Â
Sludge.
(9)Â
Solid waste.
(10)Â
Radioactive waste.
(11)Â
High-level radioactive waste.
(12)Â
Low-level radioactive waste.
(13)Â
Transuranic waste.
(14)Â
Recyclable materials.
E.Â
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.Â
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.Â
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.Â
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).
A.Â
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.Â
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.Â
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.Â
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.Â
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)Â
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)Â
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.Â
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).
A.Â
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.Â
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.Â
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.Â
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.Â
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).
