[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:
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 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.
Any lands in the Town of Greenwich 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 Planning Board of the Town of Greenwich.
The Town Board of the Town of Greenwich.
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:
(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.
