[Adopted 4-9-1985]
The Town Board has determined that the operation of stationary industrial air pollution control devices within this jurisdiction presents a significant threat to the environment and the health, safety and welfare of the citizens of the Town of Coxsackie. History has shown that the impacts of materials collected from such devices affects surface, ground- and deep well waters as well as farmlands. These effects are latent, pervasive and recurrent. The cost of rehabilitation necessitated by these effects is substantial. In recognition of these concerns, the Town Board has determined that this article is necessary to more effectively regulate the manner in which these materials will be dealt with within this jurisdiction.
As used in this article, the following terms shall have the meanings indicated:
PERSON
Includes an individual, society, club, firm, partnership, corporation or association of persons, and the singular number shall include the plural number.
TOWN BOARD
The Town Board of Coxsackie or its designee.
TOXIC WASTE
Materials having any of the toxic contaminants listed in Table I in levels in excess of those listed in Table I.[1]
[1]
Editor's Note: Table I is included at the end of this chapter.
This article shall apply to all industrial stationary air pollution control devices (SAPCD) in the Town of Coxsackie.
Materials collected from any and all SAPCD shall be held separately at all times from any other substance and be stored in a container made of or lined with materials which will not react with and are otherwise compatible with the anticipated waste to be stored. Containers shall be kept closed, except when adding or removing material. Containers shall be inspected weekly for leaking and deterioration and documentation of such inspection shall be submitted monthly to the Town Board.
Any and all materials collected from each industrial SAPCD will be batched at least every seven days of operation of such devices, and held for testing until results of tests mentioned in § 125-13 are complete and analysis is final.
A. 
Representative sampling methods. The methods and equipment used for sampling materials will vary with the form and consistency of the waste materials to be sampled. The sampling protocals listed in American Society for Testing Materials (ASTM) D-2234-82 are incorporated into this article as Appendix CI.[1] Only this procedure or those approved by the Town Board will be acceptable.
[1]
Editor's Note: Appendix CI is on file in the Town offices.
B. 
Extraction procedure, toxicity, toxicity test, separation procedure, structural integrity procedure and related equipment. For materials 101 through 1015 of Table I,[2] use methods and procedures outlined in SW 846, Section 7.0, incorporated into this article as Appendix CII.[3] Only this procedure or those approved by the Town Board will be acceptable.
[2]
Editor's Note: Table I is included at the end of this chapter.
[3]
Editor's Note: Appendix CII is on file in the Town offices.
C. 
Chemical analysis test methods. Methods and procedures used shall be those referenced in Table II[4] and incorporated as Appendixes CIII through CXIII.[5] Only these procedures or those approved by the Town will be acceptable.
[4]
Editor's Note: Table II is included at the end of this chapter.
[5]
Editor's Note: Appendixes CIII and CXIII are on file in the Town offices.
D. 
Each batch shall be submitted for testing to a New York State Department of Health approved testing laboratory in accordance with the procedures set forth in Subsections A through C within five days of completion of a batch as defined in § 125-12. Test results must be sent directly to the Town of Coxsackie and received within four weeks of submission of material for testing, with the exception of dioxin analysis, which shall be allowed eight weeks.
E. 
No single laboratory shall be used to perform the testing required by this article for more than five consecutive batches. This limitation will not apply to dioxin testing.
If substances tested are found to be toxic waste, maximum storage on site shall not exceed 30 days from receipt of test results by the Town Board.
A. 
Approximate weight and volume of materials anticipated from SAPCD's shall be supplied to the Town Board 30 days prior to operation of any SAPCD.
B. 
Weight and volume of materials from SAPCD's shall be logged daily and submitted to the Town Board on the first and 15th of every month or on the first business day after the first and 15th of every month.
C. 
Complete copies of manifests, routes, dates of shipping and receiving, along with firm name of hauler used to transport toxic wastes, shall be provided to the Town Board on the first and 15th of every month or on the first business day after the first or 15th of every month. This provision shall not apply to any batch that is not toxic waste.
If evidence can be provided to the Town Board that a proposed facility using an SAPCD is completely without the potential for having toxic waste as unadulterated residue from any SAPCD, the Town Board may exempt the facility from the operation of this article, after public hearing.
If, after four months of normal operation, no materials from any SAPCD were found to be identifiable as that mentioned in § 125-14, the Town Board may exempt the facility from the operation of this article, after public hearing.
The exemptions referred to in §§ 125-16 and 125-17 shall be valid for 12 months. At least 30 days prior to the expiration of said exemption period, the owner or operator of a facility governed by this article shall apply for a further exemption, which may only be granted after a public hearing.
In lien of performing the tests required by this article, the operator of an SAPCD may concede in writing that the waste produced is toxic waste and agree to be bound by the other provisions of this article.
At least 30 days prior to any proposed change in operations or material handled, the owner or operator shall report such change to the Town Board. The Town Board may or may not continue the exemption as provided in §§ 125-16 and 125-17.
A. 
In lieu of requiring a permit for the operation of SAPCD's with the attendant permit fee, the operator of an SAPCD shall reimburse the Town of Coxsackie the actual cost to the Town of Coxsackie to administer this article attributable to the specific SAPCD, such as but not limited to:
(1) 
The cost of review of test results.
(2) 
The cost of inspections of containers.
B. 
The operator of an SAPCD shall reimburse the Town its actual costs within 30 days of submission of a statement of costs by the Town to the operator.
[Amended 5-14-1991 by L.L. No. 4-1991]
Any person, corporation, partnership, firm or association violating any provision of this article shall, upon conviction, be subject to a fine of $1,000 and imprisonment for a period not to exceed four months or both such fine and imprisonment. Each day shall constitute a separate offense.