[HISTORY: Adopted by the Town Board of the Town of Coeymans 3-28-2019 by L.L. No. 1-2019; amended in its entirety 11-23-2020 by L.L. No. 13-2020. Subsequent amendments
noted where applicable.]
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:
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.
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.
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.
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.
A.
A waste disposal facility with any air emissions point source shall
not process more than one ton of waste in any twenty-four-hour period
without complying with the monitoring requirements in this section.
B.
Continuous emissions monitoring systems ("CEMS") equipment, when
commercially available, shall be used to monitor, measure and disclose
the smokestack emission of the following pollutants:
(1)
Dioxins/furans.
(2)
Carbon dioxide (CO2).
(3)
Carbon monoxide (CO).
(4)
Hydrochloric acid (HCl).
(5)
Hydrofluoric acid (HF).
(6)
Nitrogen oxides (NOx).
(7)
Sulfur oxides (SOx).
(8)
Particulate matter (PM).
(9)
Volatile organic compounds (VOCs).
(10)
Polycyclic aromatic hydrocarbons (PAHs).
(11)
Arsenic.
(12)
Cadmium.
(13)
Chromium (VI).
(14)
Lead.
(15)
Manganese.
(16)
Mercury.
(17)
Nickel.
(18)
Selenium.
(19)
Zinc.
C.
A waste disposal facility shall disclose all data provided by CEMS
required under this section in real time on a public website. Data
shall also be provided in summary form, including total amounts of
releases of each chemical in pounds per day and per year. All displays
of data shall be accompanied by any local, state, and federal emissions
limits that apply. Data shall be archived and maintained such that
the history of data is available for download in a commonly available
spreadsheet format. Data shall be maintained until six months after
the waste disposal facility closes or changes its activities such
that it no longer qualifies as a waste disposal facility.
A.
A waste disposal facility with any air emissions point source shall
not process more than one ton of waste in any twenty-four-hour period
without complying with the clean air standards in this section.
B.
Waste disposal facilities must meet the pollution limits found in
any air permit issued by a state or federal environmental agency.
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.
A.
A waste disposal facility with any air emissions point source shall
not process more than one ton of waste in any twenty-four-hour period
without complying with the residue management requirements in this
section.
B.
Solid waste residue resulting from a combustion or gasification process
at a waste disposal facility, such as fly ash, bottom ash, combined
ash and gasification slag, shall be disposed of as hazardous waste
in a licensed hazardous waste landfill.
A.
Failure to comply with any of the provisions of this chapter shall
be a violation as contemplated by Article 10 of the New York State
Penal Law, and, upon conviction thereof, shall be punishable by a
fine of up to $2,000 or imprisonment for not more than 10 days, or
both, for the first offense. A second offense shall be punishable
by a fine up to $5,000 or imprisonment for a period of not more than
30 days, or both. All subsequent offenses shall be punishable by a
fine up to $10,000 or imprisonment for a period of not more than 50
days, or both. For purposes of this subsection, failure to monitor,
disclose, or meet an emissions limit are all separate and distinct
offenses, per pollutant, and for each day that noncompliance with
this chapter exists.
B.
The Attorney for the Town may also maintain an action or proceeding in a court of competent jurisdiction to prevent, restrain, enjoin, correct, enforce, and/or abate any of, or nonconformance with, any provision or requirement of this chapter. If equitable relief is requested in the form of a temporary restraining order, a temporary injunction, or an injunction, or by any other form of prohibition or similar relief, the Town shall not be required to post any bond or undertaking as a condition or requirement for or of such relief, and the Town shall not be required to prove or show a lack of an adequate remedy at law. No right, remedy, or penalty specified in this § 80-10 shall be the exclusive remedy of the Town, and each remedy or penalty specified in this § 80-10 shall be in addition to, and not in substitution for or in limitation of, any other remedies or penalties specified in this chapter or permitted by any applicable law, rule, order, or regulation. Any remedy or penalty specified in this chapter may be pursued by the Town at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this § 80-10.
C.
In addition, any enforcement officer may issue stop-work orders or
compliance notices relative to any violation of this chapter. The
failure of any person to comply with any such notice or order shall
be and be deemed a violation of any other applicable law or ordinance,
including, without limitation, the New York Executive Law, § 382,
and, in each case, such noncompliance or violation may also be enforced
as such.
D.
In the event the Town desires or is required to take legal action
to enforce this chapter, the violator will be responsible for any
and all necessary costs and expenses incurred by the Town relative
thereto, including attorneys', engineering, consulting, and experts'
fees; provided, however, any responsibility or liability therefor,
and the amount thereof, shall be determined by a court or other tribunal
of competent jurisdiction, and this clause shall be interpreted, construed,
and applied only to the maximum extent permitted by applicable law.
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.
