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.
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.
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.
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.
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.