[HISTORY: Adopted by the County Legislature
of the County of Ulster by L.L.
No. 3-1997. Amendments noted where applicable.]
The Ulster County Legislature hereby finds that
dredge material such as that from the Hudson River or New York harbor
is often contaminated with polychlorinated biphenyls (PCBs), dioxin
or other toxic chemicals so that its disposal on land in Ulster County
can imperil the health and safety of the residents of the County by
affecting water and air quality and producing direct or indirect exposure
of the population to these various toxic chemicals. Because of Ulster
County's topography, geology, population concentrations, numerous
public water supplies, and the existence of parks and preserves, there
exist a relatively small number of sites for disposal of dredge material.
This chapter is intended to regulate disposal of such dredge material
so as to ensure 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 County's Public Health Director.
As used in this chapter, the following terms
shall have the meanings indicated:
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.
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.
Any facility employed beyond the initial dredge material
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.
Any lands in Ulster County upon which dredge material is
placed.
Air, water, minerals, flora or fauna.
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.
Any individual, public or private corporation, political
subdivision, government agency, municipality, industry, copartnership,
association, firm, trust, estate or any other legal entity whatsoever.
The Public Health Director of Ulster County or Commissioner
of Health of Ulster County, if any.
Any chemical substance whose exposure to human life causes
or is reasonably suspected to cause human disease, or as specifically
designated by the rules and regulations of the Public Health Director
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 Public
Health Director of Ulster County and then only in accordance with
the terms and conditions of such permit.
A.
The Public Health Director of Ulster County is authorized
to issue permits for the ownership and/or operation of dredge material
sites and/or dredge material disposal facilities.
B.
Before issuing any such permit the applicant therefor
shall satisfy the Public Health Director 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 Public
Health Director. The Public Health Director may condition the issuance
and continuation of any such permit upon such terms and conditions
as will ensure compliance with this standard.
C.
The Public Health Director may revoke any such permit
upon a finding, made after a hearing held in accordance with the provisions
of § 71-1709 of the Environmental Conservation Law, that
the permit holder has violated any of such terms and conditions. The
Public Health Director in his discretion may also impose a penalty
of $10,000 for each such violation.
D.
The Public Health Director is authorized to adopt
and amend rules and regulations 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.
(1)
Such rules and regulations:
(a)
Shall be directed at the prevention or reduction
of:
(b)
May identify specific toxic chemicals and acceptable
levels of discharge thereof into the atmosphere, if any.
(c)
May require the posting of a performance bond
as a condition of permit issuance to insure compliance with permit
terms and conditions.
(d)
Shall be effective upon filing with the Ulster
County Clerk.
(2)
In addition, in adopting such rules and regulations,
the Public Health Director shall give due regard to the economic and
technological feasibility of compliance herewith. Any rule or regulation
promulgated pursuant 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 County.
This chapter may be enforced by an action for
injunctive relief brought in the name of the County by the County
Attorney. In addition, the Public Health Director, after a hearing
held in accordance with the provisions of § 71-1709 of the
Environmental Conservation Law, may assess a civil penalty in the
amount of $10,000 per day for each day that a violation of this chapter
continues, to be recovered in an action brought in the name of the
County against any violator of this chapter.
A.
In addition to the penalties set forth in § 181-5, the Public Health Director, after the hearing referred to in such section, shall have the power to order:
(1)
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
Public Health Director.
(2)
The forfeiture to the County of Ulster of any equipment
or vehicles used in committing the violation, whether or not such
equipment or vehicles are owned by the violator.
B.
Any such order under this section may be enforced
by an action brought in the name of the County by the County Attorney
against the violator and/or owner of any such equipment or vehicle.
For the purpose of maintaining the status quo and allowing the Public Health Director to develop rules and regulations pursuant to the provisions of § 181-4 hereof, the Public Health Director shall not be authorized to issue any permits for the activities described in § 181-3 hereof for a period of nine months following the date this chapter becomes effective. The Public Health Director may however undertake and participate in any procedure required for State Environmental Quality Review Act[1] review of any such activities during such period.
[1]
Editor's Note: See Art. 8, § 8-0101 et seq. of the
Environmental Conservation Law.
All actions and proceedings by the Public Health
Director 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.
