This chapter shall be known as the "Clean Air Law."
This chapter is hereby adopted pursuant to the provisions of
the New York State Municipal Home Rule Law, the Clean Air Act (42
U.S.C. § 7416), the Resource Conservation and Recovery Act
(42 U.S.C. § 6929), New York State Air Pollution Control
Act (Environmental Conservation Law §§ 19-0703 and
19-0709), and New York State Environmental Conservation Law § 27-0711.
It is the intent of this chapter to promote and protect the
public health and welfare of the residents of the Town of Coeymans
by regulating burning or related processing of wastes, and prohibiting
the same on a large scale.
As used in this chapter, the following terms shall have the
meanings indicated:
COMMERCIALLY AVAILABLE
A system that is currently offered for purchase by equipment
vendors and is technology deemed proven and accepted by the United
States Environmental Protection Agency for the proposed application
through the promulgation of a performance specification, and for which
service contracts can be obtained for a fee.
TEQ
International method of expressing toxicity equivalents for
dioxins and furans as defined in U.S. Environmental Protection Agency,
Interim Procedures for Estimating Risks Associated with Exposure to
Mixtures of Chlorinated Dibenzopdioxins and Dibenzofurans (CDDs and
CDFs) and a989 Update, March 1989.
WASTE
Any of the following, or combination of the following: sewage
(including, but not limited to, methane or other emissions from animal
or human sewage, and including the water carrying human or animal
wastes from residences, buildings, industrial establishments or other
places, together with such groundwater infiltration and surface water
as may be present); solid or liquid waste, including but not limited
to all putrescible and nonputrescible materials or substances that
are discarded, discharged, deposited, injected, dumped, burned, spilled,
leaked, or placed into or on any land or water, or otherwise disposed
of, or rejected as being spent, useless, worthless, or in excess to
the owners at the time of such discard or rejection; garbage; trash;
rubbish; refuse; industrial, commercial and household waste; plastics;
any material that has been source separated for recycling or composting
purposes; ash (including, but not limited to, bottom ash, boiler ash,
fly ash, incinerator ash); ash and sludge from air or water treatment
facilities; sewage sludges; biosolids; "biomass" as defined in Appendix
B of New York State Public Service Commission's 9-24-2004 Order Approving
Retail Renewable Portfolio Standard (Case 03-E-0188); coal refuse;
waste coal; contained gaseous material; incinerator residue; offal;
construction and demolition debris; disaster debris; industrial waste,
hazardous waste as defined by New York Environmental Conservation
Law § 27-0901(3); "waste" as defined by New York Environmental
Conservation Law § 27-0901(11); low-level radioactive waste
as defined by New York Environmental Conservation Law § 29-0101(1);
source, special nuclear or by-product material as defined by the Atomic
Energy Act of 1954, as amended (68 Stat. 923); high-level radioactive
waste; transuranic waste; regulated medical waste as defined by New
York Environmental Conservation Law § 27-1501(1); "solid
waste" as defined in the Resource Conservation and Recovery Act of
1976 ("RCRA") § 1004(27), 42 U.S.C. § 6904(27); "solid
waste" as defined in 6 NYCRR Part 360.2; "solid waste" as defined
in NY ECL § 27-0701(1); automobile shredder residue; discarded
automobiles; waste tires as defined by New York Environmental Conservation
Law § 27-1901(13); pharmaceutical wastes or expired pharmaceuticals;
contaminated soil; electronic wastes; processed engineered fuel, refuse-derived
fuel, any material determined by the United States Environmental Protection
Agency or state agency to be a nonhazardous secondary material; the
solid residue of any air or water pollution control device; and liquid
or solid waste generated by stores, offices, warehouses, institutions,
and restaurants. Any material that falls under this definition shall
not be considered fuel, unless approved and permitted by New York
State Department of Environmental Conservation and/or the US Environmental
Protection Agency as a fuel, at which time it shall no longer be treated
as a waste for purposes of this chapter.
WASTE DISPOSAL FACILITY
Any facility which disposes of waste or uses waste to produce
energy (heat, electricity, or a burnable fuel) by combusting waste
(or gases produced on site from the burning, gasification or pyrolysis
of such waste), or which produces a solid, liquid and/or gaseous fuel
product through conversion of waste, and is capable of processing
at least five tons of waste per day. A waste disposal facility does
not include systems used exclusively for on-site space heating purposes
at a residential home.
Processing of any amount of hazardous waste as defined by USEPA
Resource and Conservation Recovery Act (RCRA) or medical waste as
defined by New York State Department of Health and Department of Environmental
Conservation is strictly forbidden.
For any waste disposal facility regulated by this chapter, the Town hereby adopts and incorporates by reference herein the standards, limits, and requirements for the emission of air contaminants for such facilities, and standards of performance for stationary sources that would apply to such facilities, as promulgated by the United States Environmental Protection Agency pursuant to the Clean Air Act, the State of New York pursuant to New York's air pollution laws, or any other relevant statutes or consent orders. It is expressly the intent of the Town in adopting these standards, limits, requirements, and standards of performance, to make them independently enforceable by the Town of Coeymans, using any data made available from any continuous emissions monitoring systems required under §
80-6.
Enforcement of this chapter shall be the responsibility of Code
Enforcement Official and/or assistants duly authorized by the Town
of Coeymans.
If any provisions of this chapter are held to be unconstitutional
or otherwise invalid by any court of competent jurisdiction, the remaining
provisions of this chapter shall remain in effect.
This chapter shall take effect immediately.