Town Code - Environmental
The intent of this page is to share information regarding existing Town Codes as they relate to the overall environmental health of the community in regard to unsafe buildings, hazardous waste, recycling and solid waste.
The reader acknowledges these are TOWN codes, not Village Codes and understands the FE CARE Healthy Community Initiative with no authority, duty or responsibility in these matters, provides no advice, guidance, interpretation or recommendations.
Every person, business, entity or agency that may reference this information accepts all responsibility for dealing directly with the proper authorities, further acknowledging they are aware these are not the only codes in existence for the Town of Fort Edward.
Anyone copying, transmitting, sharing or possessing information from this website accepts responsibility for it and acknowledges only the proper legal authorities can verify its accuracy and applicability in any and all matters.
-Chapter 37 Unsafe Buildings
-Chapter 62 Hazardous Waste
-Chapter 79 Recycling
-Chapter 82 Solid Waste
Chapter 37, BUILDINGS, UNSAFE
HISTORY:
Adopted by the Town Board of the Town of Fort Edward 9-12-88 as L.L. No. 6-1988.EN
Amendments noted where applicable
GENERAL REFERENCES: Flood damage prevention -- See Ch. 54.
§ 37-1. Title; statutory authority…This chapter shall be known as the "Unsafe Buildings Ordinance of the Town of Fort Edward" and is promulgated pursuant to the authority contained in § 130, Subdivision 16, of the Town Law of the State of New York.
§ 37-2. Purpose…Unsafe buildings pose a threat to life and property in the Town of Fort Edward. Buildings and structures may become unsafe by reason of damage by fire, the elements, age or general deterioration. Vacant buildings not properly secured at doorways and windows also serve as an attractive nuisance for young children who may be injured therein, as well as a point of congregation by vagrants and transients. A dilapidated building may also serve as a place of rodent infestation, thereby creating a health menace to the community. Debris, rubble or parts of buildings left on the ground and not removed constitute a dangerous, unhealthy and unsightly condition. It is the purpose of this chapter to provide for the safety, health, protection and general welfare of persons and property in the Town of Fort Edward by requiring such unsafe buildings to be repaired or demolished and removed.
§ 37-3. Definitions. As used in this chapter, the following terms shall have the meanings indicated:
BUILDING -- Any building, structure or portion thereof used for residential, business, industrial, recreational or other purpose.
BUILDING INSPECTOR -- The Building Inspector of the Town of Fort Edward or such other person appointed by the Town Board to enforce the provisions of this chapter.
PORTION OF BUILDING OR STRUCTURE -- Any debris, rubble or parts of buildings which remain on the ground or on the premises after demolition, reconstruction, fire or other casualty.
UNSAFE BUILDING OR STRUCTURE -- Any building or structure or portion thereof which:
A. Because its structural condition is, or may become dangerous or unsafe to the public.
B. Is open at the doorways or walls, making it accessible to and an object of attraction to minors under eighteen (18) years of age, as well as to vagrants and other trespassers.
C. Is or may become a place of rodent infestation.
D. Consists of debris, rubble or parts of buildings left on the ground after demolition, reconstruction, fire or other casualty.
E. Presents any other danger to the health, safety, morals and general welfare of the public.
§ 37-4. Buildings to be kept safe…It shall be unlawful for any owner, tenant or occupant of any building or structure or portion of any building or structure in the Town of Fort Edward to maintain such building or structure or portion of any building or structure in any condition or manner which shall be unsafe as defined in § 37-3 of this chapter.
§ 37-5. Inspection; report…When, in the opinion of the Building Inspector, any building or structure located in the Town of Fort Edward shall be deemed to be dangerous or unsafe to the public as defined in § 37-3, the Building Inspector shall make a formal inspection thereof and report, in writing, to the Town Board his findings and recommendations in regard to the building's or structure's removal or repair.
§ 37-6. Order to repair, hearing...The Town Board shall thereupon consider and report, and, if it finds that such building or structure is dangerous and unsafe to the public, it shall, by resolution, order its repair if the same can be safely repaired and, if not, its removal and demolition and shall further order that a hearing be held before the Town Board at a time and place therein specified, and on at least five (5) days' notice to the owner of the building or structure or persons having an interest therein, to determine whether said order to repair or remove shall be affirmed or modified or vacated and, in the event of modification of affirmation, to assess all costs and expenses incurred by the town in the repair or removal of such building or structure against the land on which said building or structure is located. Said order shall also provide that the securing or removal of said building or structure shall commence within thirty (30) days after service of notice and shall be completed within sixty (60) days thereafter.
§ 37-7. Contents of notice...The notice shall contain the following statements:
A. The name of the owner or person in possession as appears from the tax and deed records.
B. A brief description of the premises and its location.
C. A description of the building or structure which is unsafe or dangerous and a statement of the particulars in which is unsafe or dangerous.
D. An order requiring the same to be made safe and secure or to be removed.
E. That the securing or removal of said building or structure shall commence within thirty (30) days of the service of the notice and shall be completed within sixty (60) days thereafter.
F. The time and place of the hearing to be held before the Town Board, at which hearing the owner or occupant shall have the right to contest the order and findings of the Town Board.
G. That, in the event that such owner, occupant or other person having an interest in said premises shall fail to contest such order and fail to comply with the same, the Town Board will order the repair or removal of such building or structure by the town and that the town will assess all costs and expenses incurred in such removal against the land on which such building or structure is located.
§ 37-8. Service and filing of notice
A. A copy of said notice shall be personally served upon the owner or some of the owners, executors, legal representatives, agents, lessees or other person having a vested interest in the premises as shown on the town tax records or in the records in the Washington County Clerk's office.
B. If no such person can be reasonably found for personal service, then a copy of said notice shall be mailed to such person by registered mail addressed to his last known address as shown on said records and by personally serving a copy of said notice upon any adult person residing in or occupying said premises or by securely affixing a copy of said notice upon said building or structure.
C. A copy of said notice shall be filed in the Washington County Clerk's office, which notice shall be filed in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules, and shall have the same effect as a notice of pendency as therein provided. A notice so filed shall be effective for a period of one (1) year from the date of filing. It may be vacated upon an order of a Judge or Justice of a court of record or upon written consent of the Town Attorney of the Town of Fort Edward. The Washington County Clerk shall mark such notice and any record or docket thereof as canceled of record upon the presentation and filing of such consent or of a certified copy of such order.
§ 37-9. Hearing procedure…The Town Board shall conduct the public hearing at the time and place specified in the notice to repair or demolish. It may adjourn the hearing from time to time until all interested parties are heard and until the hearing is completed. At the conclusion of the hearing, the Town Board shall determine by resolution to revoke the order to repair or remove, modify said order or continue and affirm said order and direct the owner or other persons to complete the work within the time specified in the order or such other time as shall be determined by the Town Board.
§ 37-10. Failure to comply…In the event of the refusal, failure or neglect of the owner or person so notified to comply with said order of the Town Board within the time specified in said order and after the public hearing, the Town Board shall provide that such building or structure be made safe and secure or removed and demolished by town employees or by independent contractors. Except in emergency cases as herein provided, any contract for repair or demolishing and removal of a building or structure in excess of five thousand dollars ($5,000.) shall be awarded through competitive bidding.
§ 37-11. Assessment of expenses…All expenses incurred by the town in connection with the proceedings to repair and secure or demolish and remove the unsafe building, including the cost of actually removing such building, shall be assessed against the land on which such building is located and shall be levied and collected in the same manner as provided in Article 15 of the Town law for the levy and collection of a special ad valorem levy.
§ 37-12. Emergency cases…Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property, unless an unsafe building or structure is immediately repaired and secured or demolished, the Town Board may, by resolution, authorize the Building Inspector to immediately cause the repair or demolition of such unsafe building or structure. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 37-11 hereof.
§ 37-13. Court order…The Town Board, in its discretion, may elect to apply to the Supreme Court of the State of New York for an order directing that the building be repaired and secured or demolished and removed.
§ 37-14. When effective…This chapter shall take effect immediately.
Chapter 62, HAZARDOUS WASTES
HISTORY:
Adopted by the Town Board of the Town of Fort Edward: Art. I, 10-9-85 by L.L. No. 1-1985;
Amended in its entirety at time of adoption of Code; 6-27-88 by L.L. No. 3-1988 (see Ch. 1, General Provisions, Art. I); Art. II, 3-27-89 as L.L. No. 4-1989
Other amendments noted where applicable
ARTICLE I, Dumping and Disposal
§ 62-1. Title...This chapter shall be known and may be cited as the "Local Law Restricting the Dumping of Hazardous Waste and Materials in the Town of Fort Edward."
§ 62-1. Title…This chapter shall be known and may be cited as the "Local Law Restricting the Dumping of Hazardous Waste and Materials in the Town of Fort Edward."
§ 62-2. Definitions...As used in this chapter, the following terms shall have the meanings indicated:
HAZARDOUS WASTE AND MATERIALS -- Any substance or material in a form that may pose an unreasonable risk to health, safety or property when disposed of in the Town of Fort Edward.
§ 62-3. Purpose…The Town Board of the Town of Fort Edward recognizes that the regulation of hazardous waste and materials placed in the Town of Fort Edward has become imperative in order to protect human life, health, property and the environment.
§ 62-4. Dumping/disposal prohibited…The dumping of hazardous waste and materials in the Town of Fort Edward is prohibited. Any Town of Fort Edward employee or agent employed in the Town of Fort Edward need not accept for dumping any waste or materials that he feels may be hazardous, unless the waste or materials are properly identified and described.
§ 62-5. Penalties for offenses
A. Any person, corporation, joint association or partnership that causes or permits the dumping of hazardous waste or materials in the Town of Fort Edward in violation of this chapter shall be guilty of a misdemeanor.
B. Each violation of any provision of this chapter shall be punishable by a fine of five hundred dollars ($500.) or the maximum allowed under current law and/or imprisonment for not more than thirty (30) days.
ARTICLE II, Wastes Generated Outside of Town [Adopted 3-27-89 as L.L. No. 4-1989]
§ 62-6. Legislative intent…The Fort Edward Town Board believes that one (1) of its most basic goals and responsibilities is to provide the best possible living environment and quality of life for town residents. In keeping with this responsibility and principle, it is of the utmost importance that actions be taken to ensure that the public is protected from potential hazards as may be introduced into the environment arising from the disposal of radioactive and/or nuclear waste material.
§ 62-7. Disposal in town prohibited…Said Town Board of the Town of Fort Edward hereby prohibits the disposal of radioactive and/or nuclear waste materials and similar such hazardous materials within the geographic boundaries of the Town of Fort Edward, County of Washington, State of New York, as may be generated by sources from outside of such geographic boundaries.
Chapter 79, RECYCLING
HISTORY:
Adopted by the Town Board of the Town of Fort Edward 5-29-1990 as L.L. No. 5-1990
Amendments noted where applicable
GENERAL REFERENCES
Hazardous waste -- See Ch. 62.
Junkyards -- See Ch. 66.
Solid waste disposal -- See Ch. 82.
§ 79-1. Declaration; intent, findings; purpose.
A. It is declared that a reduction of solid waste through separation and removal of recyclable materials from the waste stream is of importance to the economic welfare of the residents of the Town of Fort Edward, County of Washington, and will help to promote the health and general welfare of its citizens.
B. It is the intent of this chapter to facilitate the disposal of solid waste generated within the Town of Fort Edward in the most environmentally acceptable manner possible and to facilitate and encourage the recovery of all recyclable materials which can be marketed or used for secondary purposes.
C. The town hereby determines, declares and finds that:
(1) Improper municipal waste practices create public health hazards, environmental pollution and economic loss, and cause irreparable harm to the public health, safety and welfare.
(2) Waste reduction and recycling are preferable to the processing or disposal of municipal waste.
(3) By purchasing products or materials made from recycled materials, public agencies in the town can help stimulate the market for such materials and thereby foster recycling, and can also educate the public concerning the utility and availability of such materials.
(4) Removing certain materials from the municipal waste stream will decrease the flow of solid waste to municipal waste landfills, aid in the conservation and recovery of valuable resources, conserve energy in the manufacturing process, increase the supply of reusable materials for the town's industries, and will also reduce substantially the required capacity of proposed resource recovery facilities and contribute to their overall combustion efficiency, thereby resulting in significant cost savings in the planning, construction and operation of these facilities.
(5) It is in the public interest to promote the source separation of marketable materials on a town wide basis so that reusable materials may be returned to the economic mainstream in the form of raw materials or products rather than be disposed of or processed at the town's overburdened municipal waste processing or disposal facilities.
(6) The recycling of marketable materials by municipalities in the town and town agencies, and the development of public and private sector recycling activities on an orderly and incremental basis, will further demonstrate the town's long-term commitment to an effective and coherent solid waste management strategy.
(7) The town is responsible for the protection of the health, safety and welfare of its citizens concerning solid waste management.
D. It is the purpose of this chapter to:
(1) Encourage the development of waste reduction and recycling as a means of managing municipal waste, conserving resources.
(2) Protect the public health, safety and welfare from the short- and long-term dangers of transportation, processing, treatment, storage and disposal of municipal waste.
(3) Require the town to implement recycling programs to return valuable materials to productive use, to conserve energy and to protect capacity at municipal waste processing or disposal facilities.
E. Declaration of goals. The Town of Fort Edward hereby declares the following:
(1) Each person working or living in this town shall be taught the economic, environmental and energy value of recycling and waste reduction and shall be encouraged through a variety of means to participate in such activities.
(2) The town should, to the greatest extent practicable, procure and use products and materials with recycled content and procure and use materials that are recyclable.
§ 79-2. Definitions…When used in this chapter, the following terms shall have the meanings indicated:
COMMERCIAL SECTOR -- Those persons generating solid waste at businesses, including retail stores, banks and financial institutions, business and professional offices, personal services establishments, mortuaries and funeral homes, restaurants, pet shops and veterinary establishments, automobile sales establishments, gasoline stations, car washes and agricultural endeavors and such other business endeavors although not specifically defined herein.
DIRECTOR -- The Supervisor of the Town Board of the Town of Fort Edward.
DROP-OFF AREA -- Any area designated from time to time by the Director where persons can bring recyclables for aggregation and further transport to a solid waste management facility.
HOUSEHOLD COLLECTION -- The practices whereby solid waste, including separated recyclables, generated by the residential sector is placed at or near the roadside, or other appropriate location at residential property, to be picked up by a hauler for transportation to a solid waste management facility.
INDUSTRIAL SECTOR -- Those persons generating solid waste at establishments primarily concerned with manufacturing or other substantial physical/chemical processing of materials, which operations result in strong or offensive odors; vibrations; excessive noise; smoke; dirt; or heavy truck traffic, including manufacturing establishments; warehouses and wholesale distributors; freight and trucking terminals; and heavy machinery sale, service and repairs.
INSTITUTIONAL SECTOR -- Those persons generating solid waste at public, eleemosynary and similar establishments, including schools, churches, hospitals, psychiatric centers, government offices and garages, and nursing homes.
RECYCLABLES -- The following materials: newsprint; unbroken clear (flint), green and brown glass containers; tin cans; aluminum, copper, brass and stainless steel; corrugated cardboard; high density polyethylene (HDPE) containers; motor vehicle batteries; motor vehicle tires up to and including size 9.00/16.5 (metric 235/85R16); and scrap metal, including miscellaneous iron, steel and white metals (appliances).
RESIDENTIAL SECTOR -- Those persons generating solid waste at single and multiple residences, boardinghouses, dormitories, mobile home parks, temporary residences and camps.
§ 79-3. Source separation.
A. Generally.
(1) The town shall require all persons engaged in the commercial sector to obtain licenses to collect and transport municipal waste, subject to the plan as outlined in this chapter, together with the imposition of any fees duly enacted by the Town Board.
(2) The Director may from time to time determine that certain materials contained in solid waste generated or brought within the town are recyclables or that certain materials included or hereafter included in this chapter's definition of "recyclables" are no longer recyclable. Upon any such determination, the Director shall submit a written report to the Town Board recommending that such materials be added to or deleted from the definition of "recyclables" and providing the reasons and data supporting such inclusion or deletion. The Director determination shall in all cases be based on an evaluation whether economic markets exist for alternate uses of such materials are equal to or greater than the cost to the Town of Fort Edward of collection, transportation and sale of said material less the amount received from the sale of said material by the Town of Fort Edward.
(3) In making recommendations pursuant to this subsection, the Director may recommend that a material be recyclable only for the residential sector, commercial sector, industrial sector or institutional sector or any combination thereof.
(4) All persons shall separate recyclables from other solid waste when preparing the same for transportation, collection, pickup or removal by placing recyclables in one (1) or more separate containers. It shall be a violation of this chapter for any person to place for collection any container which contains recyclables mixed with other solid wastes. It shall be a violation of this chapter for any person to deliver to a drop-off area or a solid waste management facility any load which contains recyclables mixed with other solid waste.
(5) Recyclables delivered to a solid waste management facility shall be prepared in accordance with all rules and regulations which shall be filed with the Clerk of the Town Board. Such rules and regulations for preparation may include, but shall not be limited to:
(a) Removal of glossy inserts or wet or damp materials from newsprint.
(b) Washing of glass and/or metal containers.
(c) Flattening of cans and plastic containers.
(d) Removal of caps, lids and metal or plastic neck bands from glass containers.
(e) Removal of broken glass.
(f) Placement in designated or properly labeled containers, where practical.
(g) Sorting into different categories of recyclables.
B. Procedures for residential sector. The following procedures shall apply to the residential sector:
(1) Wherever household collection of recyclables is available from a commercial or municipal hauler, persons choosing to use such collections service and persons wishing to dispose of recyclables must deliver or make arrangements to have them delivered, properly separated and prepared, to a solid waste management facility or to any drop-off area which the Director may from time to time designate. It shall be a violation of this chapter for any person without authority of the county to collect, pick up, remove or cause to be collected, picked up or removed any recyclables placed for collection at a drop-off area. Each such unauthorized collection, pickup or removal from a drop-off area shall constitute a separate and distinct violation of this chapter.
(2) It shall be a violation of this chapter for any person in the residential sector to dispose of recyclables within the Town of Fort Edward otherwise than as provided by this Subsection B.
C. Procedures for the commercial, industrial and institutional sectors. The following procedures shall apply to the commercial, industrial and institutional sectors:
(1) Persons wishing to dispose of recyclables shall deliver or make arrangements with a commercial or municipal hauler to deliver recyclables, properly separated and prepared, to a solid waste management facility duly designated pursuant to this chapter.
(2) Although all persons from the commercial, industrial or institutional sectors must separate recyclables from other solid waste in accordance with the general provisions of this chapter they need not deliver or make arrangements with a hauler to deliver said recyclables to a duly designated solid waste management facility in the following circumstances:
(a) They have access to markets for recyclables which provides a material economic benefit compared to disposal at the designated solid waste management facility, actually deliver or cause to be delivered recyclables to such markets on a regular basis, and can document access, material economic benefits and actual delivery with contracts, receipts, bills of lading, affidavits, letters of intention or other suitable records indicating the facts justifying exemption.
(b) They file on an annual basis an application for exemption with the Director, which application shall set forth on a prescribed form all information or facts justifying exemption from the operation of Subsection C(1) and (2) hereinabove. They shall include copies of all pertinent documentation with such application.
(c) They obtain written approval of the exemption from the Director, which approval shall not be unreasonably withheld or delayed.
(3) It shall be a violation of this chapter for any person in the commercial, industrial or institutional sectors to dispose of recyclables otherwise than as provided by this Subsection C.
D. Disposal of collected recyclables by haulers.
(1) Municipal or commercial haulers engaged in collecting recyclables generated within the town by the residential, commercial, industrial or institutional sectors shall keep recyclables separate from other solid wastes, shall handle recyclables in such a manner that they are not contaminated or destroyed and shall deliver recyclables only to a solid waste management facility duly designated pursuant to this chapter.
(2) Haulers need not deliver collected recyclables to a duly designated solid waste management facility in the following circumstances:
(a) They have access to markets for recyclables which provide a material economic benefit compared to disposal at the designated solid waste management facility, actually deliver or cause to be delivered recyclables to such markets on a regular basis, and can document access, material economic benefit, and actual delivery with contracts, receipts, bills of lading, affidavits, letters of intention or other suitable records indicating the facts justifying exemption.
(b) They file on an annual basis an application for exemption with the Director, which application shall set forth on a prescribed form all information or facts justifying exemption from the operation of Subsection D(1) hereinabove. They shall include copies of all pertinent documentation with such application.
(c) They obtain written approval of the exemption from the Director, which approval shall not be unreasonably withheld or delayed.
(3) It shall be a violation of this chapter for any municipal or commercial hauler to collect, handle or dispose of recyclables otherwise than as provided by this Subsection D.
§ 79-4. Rules and regulations.
A. The Director of Solid Waste shall have the power to adopt and promulgate, amend and repeal such rules and regulations as in his discretion are necessary or desirable to carry out, interpret and enforce the intent and purposes of this chapter. Notwithstanding this power, any failure to adopt and promulgate such rules and regulations shall not impair the enforceability of this chapter in a court of competent jurisdiction.
B. The Director may also develop, subject to Town Board review, a comprehensive, innovative and effective public education program concerning the value of recycling and waste reduction, and of public opportunities to participate in such activities, in cooperation with area schools and other municipalities.
C. The Director may also develop and maintain a data base on recycling and waste reduction in the town, and make the information in that data base available to the public.
§ 79-5. Enforcement penalties for offenses.
A. The Superintendent of Highways, Director and any other person designated by the Board shall be authorized to inspect:
(1) Solid waste left for collection.
(2) Loads of solid waste being transported within the Town of Fort Edward.
(3) Solid waste being disposed of at the town's sanitary landfill for the purpose of determining if any person has failed to comply with provisions of any section of this chapter.
B. The Superintendent of Highways, Director and any other person designated by the Board shall be authorized to turn away and deny access to any person delivering a load of solid waste which includes or contains recyclable materials to the town's sanitary landfill.
C. Any violation of this chapter shall be punishable by imprisonment in the Washington County Jail for not more than fifteen (15) days or by a fine of not more than two hundred fifty dollars ($250.), or by both such fine and imprisonment.
D. Each commission of a single act shall constitute a separate violation of this chapter, and each day of such violation shall constitute a separate offense, which may be punished and prosecuted as such.
E. In addition to the penalties herein set forth, any person or entity who is convicted of violating any portion of this chapter after having been convicted of a violation of any portion of this chapter within the preceding five (5) years shall be liable for payment to the Town of Fort Edward a civil penalty as follows:
(1) In the amount of one thousand dollars ($1,000.) upon a third conviction within the preceding five (5) years; and
(2) In the amount of two thousand dollars ($2,000.) upon a fourth or subsequent convictions within the preceding five (5) years.
§ 79-6. Advisory Committee.
An Advisory Committee, consisting of not more than seven (7) Town of Fort Edward residents, may be established to assist in the town's recycling efforts. The Town Supervisor shall be the appointing authority with members to serve at the pleasure of the Supervisor. The Committee would serve in an advisory capacity only.
Chapter 82, SOLID WASTE
HISTORY:
Adopted by the Town Board of the Town of Fort Edward: Art. I, 7-25-1988 as L.L. No. 4-1988; Art. II, 3-25-1991 as L.L. No. 2-1991
Amendments noted where applicable
GENERAL REFERENCES
Hazardous wastes -- See Ch. 62.
Junkyards -- See Ch. 66.
Abandoned vehicles -- See Ch. 96.
ARTICLE I, Disposal in Landfill [Adopted 7-25-1988 as L.L. No. 4-1988]
§ 82-1. Findings; purpose; objectives.
A. It is hereby determined by the Town Board of the Town of Fort Edward that the landfilling, treatment and/or incineration of solid, liquid or any other waste within the Town of Fort Edward is likely to constitute a hazard and menace to the health and safety of the residents of the Town of Fort Edward.
B. It is further determined that the citizens of the Town of Fort Edward have vested legislative authority in its Town Board and that said Board is entrusted, among other duties, with the protection of the order, conduct, safety, health and well-being of persons and property therein and the protection and enhancement of said town's physical and visual environment.
C. It is further determined that the town, by local law, may exercise its police power to regulate all aspects of solid, liquid or any other waste within the Town of Fort Edward and to make appropriate rules, regulations, resolutions and laws intended to promote the general well-being of the persons and property situated therein.
§ 82-2. Definitions…As used in this Article, the following terms shall have the meanings indicated:
PERSON -- Includes any individual, firm, partnership, corporation, municipality, association of persons or governmental agency.
§ 82-3. Disposal restricted; effect on recycling.
A. It shall hereafter be unlawful for any person or entity to landfill, treat, incinerate and/or store solid, liquid or any other waste (including but not limited to garbage, refuse, industrial and commercial waste, rubbish, ashes, incinerator residue, demolition and construction debris and all hazardous wastes) within the Town of Fort Edward except in the Town of Fort Edward landfill.
B. Nothing herein shall be construed to restrict or impede any lawfully conducted recycling operations within the Town of Fort Edward that are authorized by the Town Board of the Town of Fort Edward.
§ 82-4. Penalties for offenses. [Amended 3-11-1996 by L.L. No. 1-1996]
Any person violating the provision of this Article shall be guilty of a violation and, upon conviction thereof, shall be punished by a fine not exceeding two hundred fifty dollars ($250.) for each offense (each day of a violation of terms of this chapter constitutes a separate offense) and/or by imprisonment of not more than fifteen (15) days and/or requiring the signing of an agreement with either a private waste hauler or arranging for weekly municipal pickup of solid waste from premises.
§ 82-5. Effect on solid waste contracts.
This Article, as adopted, shall not invalidate any solid waste contract to which the Town of Fort Edward is a party.
ARTICLE II, Collection and Disposal; Siting of Facilities [Adopted 3-25-1991 as L.L. No. 2-1991]
§ 82-6. Title.
This Article shall be entitled "Regulation of the Siting, Collection and Disposal of Solid Waste and Other Waste and Materials in the Town of Fort Edward (Outside the Village of Fort Edward), Washington County, New York, 1991."
§ 82-7. Definitions…As used in this Article, the following terms shall have the meanings indicated:
AGRICULTURAL WASTE -- That waste, disposed of in a disposal area located within the property boundary of a farm, generated from that farm, to include crop residuals, animal manure and animal carcasses and parts generated from that farm, and shall also include those waste pesticides generated by the farmer who used them, if the farmer complies with Parts 325.4 and 325.5 of the New York Codes, Rules and Regulations.
ASBESTOS WASTE -- Friable solid waste that contains more than one percent (1%) asbestos by weight and can be crumbled, pulverized or reduced to powder, when dry, by hand pressure. Asbestos waste also includes any asbestos-containing solid waste that is collected in a pollution-control device designed to remove asbestos.
ASH RESIDUE -- All the solid residue and any entrained liquids resulting from the combustion of solid waste or solid waste in combination with fossil fuel at a solid waste incinerator, including bottom ash, boiler ash, fly ash and the solid residue of any air-pollution-control device used at a solid waste incinerator.
BOTTOM ASH -- The ash residue remaining after combustion of solid waste or solid waste in combination with fossil fuel in a solid waste incinerator that is discharged through and from the grates, combustor or stoker.
COLLECTOR -- Any individual, association, partnership, firm or corporation in the business of collecting solid waste, other than their own solid waste.
COMBINED ASH -- The mixture of bottom ash and fly ash.
CONSTRUCTION AND DEMOLITION DEBRIS -- Uncontaminated solid waste resulting from the construction, remodeling, repair and demolition of structures and roads; and uncontaminated solid waste consisting of vegetation resulting from land clearing and grubbing, utility line maintenance and seasonal and storm-related cleanup. Such waste includes but is not limited to bricks, concrete and other masonry materials, soil, rock, wood, wall coverings, plaster, drywall, plumbing fixtures, nonasbestos insulation, roofing shingles, asphaltic pavement, glass, plastics that are not sealed in a manner that conceals other wastes, electrical wiring and components, containing no hazardous liquids, and metals that are incidental to any of the above. Solid waste that is not "construction and demolition debris" (even if resulting from the construction, remodeling, repair and demolition of structures and roads and land clearing) includes but is not limited to asbestos waste, garbage, corrugated container board, electrical fixtures containing hazardous liquids (such as fluorescent light ballasts or transformers), carpeting, furniture, appliances, tires, drums and containers and fuel tanks. Specifically excluded from the definition of "construction and demolition debris" is solid waste (including what otherwise would be 'construction and demolition debris') resulting from any processing technique, other than that employed at a construction and demolition processing facility, that renders individual waste components unrecognizable, such as pulverizing or shredding.
COUNTY -- The County of Washington.
FLY ASH -- The ash residue from the combustion of solid waste or solid waste in combination with fossil fuel that is entrained in the gas stream of the solid waste incinerator and removed by the air-pollution-control equipment.
HAZARDOUS WASTE -- A waste or combination of wastes which, because of its quantity, concentration or physical, chemical or infectious characteristics:
A. May cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness;
B. May pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed;
C. Appears on the list of hazardous waste promulgated by the Commissioner of Environmental Conservation pursuant to § 26-0903 of the Environmental Conservation Law; or
D. Any municipality or governmental agency having appropriate jurisdiction shall determine to be so harmful, toxic or dangerous such that the health, safety or welfare of the public is at risk, or the operation of solid waste management facilities may be adversely affected.
HIGH-LEVEL RADIOACTIVE WASTE -- As defined by 42 U.S.C. § 10101(12).
INDUSTRIAL WASTE -- Solid waste generated by manufacturing or industrial processes. Such waste may include but is not limited to the following manufacturing processes: electric power generation; fertilizer/agricultural chemicals; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing/ foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay and concrete products; textile manufacturing; transportation equipment; and water treatment. This term does not include oil or gas drilling, production and treatment wastes (such as brines, oil and frac fluids); overburden, spoil or tailings resulting from mining; or solution mining brine and insoluble component wastes.
INFECTIOUS WASTE -- Includes the following:
A. Surgical waste, which consists of materials discarded from surgical procedures involving the treatment of a patient on isolation, other than patients on reverse or protective isolation.
B. Obstetrical waste, which consists of materials discarded from obstetrical procedures involving the treatment of a patient on isolation, other than patients on reverse or protective isolation.
C. Pathological waste, which consists of discarded human tissues and anatomical parts which are discarded from surgery, obstetrical procedures, autopsy and laboratory procedures.
D. Biological waste, which consists of discarded excretions, exudates, secretions, suctionings and disposable medical supplies which have come in contact with these substances that cannot be legally discarded directly into a sewer and that emanate from the treatment of a patient on isolation, other than patients on reverse or protective isolation.
E. Discarded materials soiled with human emanations from the treatment of a patient on isolation, other than patients on reverse or protective isolation.
F. All waste being discarded from renal dialysis, including tubing and needles.
G. Discarded serums and vaccines that have not been autoclaved or returned to the manufacturer or point of origin.
H. Discarded laboratory waste which has come in contact with pathogenic organisms and which has not been rendered noninfectious by autoclaving or other sterilization techniques.
I. Animal carcasses exposed to pathogens in research, their bedding and other waste from such animals that is discarded.
J. Other articles that are being discarded that are potentially infectious and that might cause punctures or cuts, including hypodermic needles, intravenous needles and intravenous tubing with needles attached, that have not been autoclaved or subjected to a similar decontamination technique and rendered incapable of causing punctures or cuts.
LICENSED RADIOACTIVE WASTE -- As defined by Section 38.23 of Title 12, Section 16.8 of Title 10 and Sections 380.3 through 380.5 of Title 6 of the Codes, Rules and Regulations of the State of New York.
LOW-LEVEL RADIOACTIVE WASTE -- Those low-level radioactive wastes that are acceptable for disposal in a land disposal facility pursuant to the provisions of this Article. For the purpose of this Article, "low-level radioactive waste" has the same meaning as in the Federal Low-Level Radioactive Waste Policy Amendments Act of 1985, 42 U.S.C. § 2021b, et seq.
POLYCHLORINATE BIPHENYLS -- As defined by the Toxic Substances Control Act (TSCA, Public Law 94-469).
PUTRESCIBLE -- The tendency of organic matter to decompose with the formation of malodorous by-products.
RECOVER -- Any act or process by which recyclables are separated from the solid waste stream.
RECYCLABLE MATERIALS -- Scrap or other materials of value, including but not limited to newspapers, corrugated box board, paper, glass, metals and plastics.
RECYCLABLES -- Solid waste that exhibits the potential to be used repeatedly in place of a virgin material.
RECYCLABLES HANDLING AND RECOVERY FACILITY -- A solid waste management facility, other than collection and transfer vehicles, at which recyclables are separated from the solid waste stream or at which previously separated recyclables are collected.
RECYCLE -- To use recyclables in place of virgin materials in manufacturing a product.
RECYCLING -- Separating, segregating, processing and recovering recyclable materials from solid waste for the purpose of future use, sale or other disposition.
RECYCLING FACILITY -- Any facility, plant, works, system, building, structure, improvement, machinery, equipment, fixture or other real or personal property which is to be used, occupied or employed in the pursuit of and for the purpose of recycling and for the purpose of storage, processing, packaging, selling, marketing or otherwise utilizing recyclable materials.
REFUSE -- Anything putrescible or nonputrescible that is discarded or rejected as useless or worthless.
RESIDUALS -- Sludge, sewage sludge, septage, air-pollution-control facility waste or any other such waste having similar characteristics or effects, and solid waste remaining after the processing of solid waste by composting methods that was not made into compost suitable for use.
RESOURCE RECOVERY -- The extraction, production and recovery of energy from solid waste by means of combustion.
RESOURCE-RECOVERY FACILITY -- Any facility, plant, works, system, building, structure, improvement, machinery, equipment, fixture or other real or personal property which is to be used, occupied or employed for the purpose of resource recovery.
SANITARY LANDFILL -- A facility which includes types of operations in which solid waste is deposited by plan on a specified portion of open land, is compacted by force applied by mechanical equipment and then is covered by a layer of earth, all in accordance with or intended to be in accordance with Part 360 of the New York State Environmental Conservation Law, Rules and Regulations.
SLUDGE -- Any solid, semi-solid or liquid waste generated from a wastewater treatment plant, water supply treatment plant or air-pollution-control facility, but does not include the treated effluent from a wastewater treatment plan.
SOLID WASTE -- All putrescible and nonputrescible materials or substances that are discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including but not limited to garbage, refuse, industrial and commercial waste, sludges from air- or water-treatment facilities, rubbish, tires, ashes, contained gaseous material, incinerator residue, construction and demolition debris, discarded automobiles and offal.
SOLID WASTE MANAGEMENT FACILITY -- Any facility, plant, works, system, building, structure, improvement, machinery, equipment, fixture or other real or personal property which is to be used, occupied or employed beyond the initial solid waste collection process for the storage, processing or disposal of solid waste or the recovery by any means of any material or energy product or resource therefrom, including but not limited to transfer stations; rail-haul or barge-haul facilities; resource-recovery facilities or other facilities for reducing solid waste volume; sanitary landfills; plants and facilities for compacting, composting or pyrolization of solid wastes, incinerators; and other solid waste disposal, reduction or conversion facilities. A "solid waste management facility" shall exclude a recycling facility.
SOURCE SEPARATION -- The segregation of recyclable materials from the solid waste stream at the point of generation or collection for separate collection, sale or other disposition.
TOWN -- The Town of Fort Edward.
TRANSFER STATION -- A facility where solid waste is transferred by a collector, contractor or individual hauler to a container for transport to a sanitary landfill or other solid waste management facility but shall exclude a recycling facility.
TRANSURANIC WASTE -- Radioactive waste containing alpha-emitting radionuclides of atomic number 93 or higher with a half-life greater than five (5) years and in concentrations greater than one hundred (100) nanocuries per gram.
§ 82-8. Legislative intent.
A. The preservation and improvement of the quality of the environment within the Town of Fort Edward in the face of growth, urbanization and change, with the accompanying demands on natural resources, farm lands and open space, are found to be of increasing and vital importance to the health, welfare and economic well-being of present and future inhabitants of the Town of Fort Edward and requires action by the governing body of the Town of Fort Edward. It is recognized that the integrity of the town's environment is in the natural beauty and farmlands of our surrounding community, which cannot be protected without the full cooperation and participation of all people of the Town of Fort Edward working in partnership with local, county and state officials together with enactment of local control through adoption of this Article.
B. The establishment of a local law which will facilitate an orderly program for the siting of, collection of and disposal of solid waste and other waste and materials within the Town of Fort Edward (outside the Village of Fort Edward), Washington County, is a necessary step to promote the welfare, convenience, health and safety of the citizens of the Town of Fort Edward and is necessary in creating a unified response to critical environmental issues within the town.
C. The following waste and other materials are subject to regulation under this Article:
(1) Agricultural waste.
(2) Asbestos waste.
(3) Ash residue.
(4) Construction and demolition debris.
(5) Hazardous waste.
(6) Infectious waste.
(7) Polychlorinate biphenyls.
(8) Sludge.
(9) Solid waste.
(10) Radioactive waste.
(11) High-level radioactive waste.
(12) Low-level radioactive waste.
(13) Transuranic waste.
(14) Recyclable materials.
D. The following facilities are subject to regulations under this Article:
(1) Solid waste management facility.
(2) Sanitary landfill.
(3) Resource recovery facility.
(4) Construction and debris landfill.
(5) Facilities disposing of items identified in Subsection C above.
E. Furthermore, upon analysis of Fort Edward's waste stream, potential exists for expansion of efforts to increase waste reduction with on-going composting and recycling efforts which will further reduce the dependency upon solid waste facilities within this regard.
F. The Town of Fort Edward Town Board recognizes that solid waste management is a continuous process, and the town must consider the development of on-going regulations and policies for the siting, collecting, transporting, treating and disposing of solid waste, hazardous waste, polychlorinate biphenyls and other materials.
G. If Fort Edward is to achieve long-term success in implementing waste reduction, recycling goals and protecting the environment from potential siting of solid waste and related facilities without local regulations, this Article must be enacted.
H. It is the intent of the Town Board to assert its rights to establish its own procedures, standards and programs for the Town of Fort Edward so as to protect the town's residents by ensuring that safe, proper and suitable solid waste management programs exist within the borders of the Town of Fort Edward (outside the Village of Fort Edward).
§ 82-9. Purpose and application.
A. The Town Board of the Town of Fort Edward, pursuant to the powers of Municipal Home Rule Law § 10, the Town Law, Article 27 of the Environmental Conservation Law, the General Municipal Law and the Statute of Local Governments, hereby enacts this Article, which shall preempt and supersede Chapter 681, an act in relation to solid waste treatment and disposal in Washington County (1987).
B. The Town Board of the Town of Fort Edward, pursuant to the powers of Municipal Home Rule Law, § 10, the Town Law, Article 27 of the Environmental Conservation Law, the General Municipal Law and the Statute of Local Governments, hereby enacts this Article, which shall preempt and supersede Local Law No. 1 of 1991 of Washington County.
C. The Town of Fort Edward hereby exercises and retains its rights and powers by this Article to regulate and implement within the Town of Fort Edward (outside the Village of Fort Edward) the siting of solid waste and other facilities collecting, receiving, transporting, delivering, storing, processing and disposing of solid waste and other materials, as specified in § 82-8, or the recovery by any means of any materials or energy product or resources therefrom, including delivery in any recycling efforts.
D. Notwithstanding any other law, general, specific or local, by the County of Washington, the Town of Fort Edward (outside the Village of Fort Edward), by its governing Board under this Article, the General Municipal Law, the Municipal Home Rule Law, the Town Law, the Statute of Local Government and Article 27 of the Environmental Conservation Law, shall have the power to adopt and amend local laws, ordinances or regulations to enforce its powers and rights under this Article with respect to the delivery of solid waste to a specific solid waste management resource-recovery facility.
E. The Town of Fort Edward (outside the Village of Fort Edward) by its governing Board is authorized and empowered by this Article, the General Municipal Law, the Municipal Home Rule Law, the Town Law, Article 27 of the Environmental Conservation Law and the Statute of Local Governments to assign to any agency, municipality or private sector, in whole or in part, by contract:
(1) Upon the town's adoption or amendment of local laws, ordinances and regulations, the administration, implementation and contractual powers and authority, rights and privileges of such laws, ordinances and regulations; and
(2) The powers, authorities, rights and privileges conferred on the town, including the administration and implementation thereof, all on such terms and conditions as the town and the agency may agree.
F. The Town of Fort Edward (outside the Village of Fort Edward) by its governing Board is authorized and empowered by this Article, the General Municipal Law, the Municipal Home Rule Law, the Town Law, the Statute of Local Governments and Article 27 of the Environmental Conservation Law to enter into agreements with said County of Washington or other municipal entities or the private sector regarding siting of solid waste and other facilities as specified in § 82-8, disposal of materials as specified in § 82-8, solid waste collection, receiving, transporting, delivering, storing and processing within the Town of Fort Edward (outside the Village of Fort Edward).
§ 82-10. Inconsistency and supercession.
A. Insofar as the provisions of this Article are inconsistent with the provisions of any other act, general or specific, or any local law, ordinance or resolution of the County of Washington or other municipality or any enabling legislation powers granted to the County of Washington by the New York State Legislature, the provisions of this Article shall be controlling. This Article, enacted pursuant to Municipal Home Rule Law § 10 of the State of New York, Article 27 of the Environmental Conservation Law, the Town Law, the General Municipal Law and the Statute of Local Government, specifically supersedes New York Chapter 681 of Washington County, Solid Waste Treatment and Disposal (1987), as it relates to the ability and powers of Washington County in the siting of solid waste facilities and other facilities, the collecting, receiving, transporting, delivering, storing, processing and disposing of solid waste, other waste and polychlorinate biphenyls or recovery within the Town of Fort Edward (outside the Village of Fort Edward).
B. This Article, enacted pursuant to Municipal Home Rule Law § 10 of the State of New York, Article 27 of the Environmental Conservation Law, the Town Law, the General Municipal Law and the Statute of Local Governments, specifically supersedes Local Law No. 1 of 1991 of Washington County in all respects.
C. This Article furthermore supersedes any other chapters of New York State law and local laws or ordinances of the County of Washington which purported to grant enabling powers and legislation to Washington County regarding siting, collecting, receiving, transporting, delivering, storing, processing and disposing of solid waste, other waste and materials as specified in § 82-8 or recovery within the Town of Fort Edward (outside the Village of Fort Edward).
D. This Article specifically supersedes any future chapters of New York State law granting enabling powers to Washington County and any future local laws or ordinances of Washington County regarding the siting of solid waste facilities and other facilities as specified in § 82-8, collecting, receiving, transporting, delivering, storing, processing and disposing of solid waste or other waste or polychlorinate biphenyls and other materials as specified in § 82-8, or recovery within the Town of Fort Edward (outside the Village of Fort Edward).
E. This Article hereby asserts the powers and rights of the Town of Fort Edward to adopt and amend local laws within its borders so that any local laws, ordinances, amendments and legislative enabling powers enacted by Washington County shall not take precedent over and shall not supersede this Article or amendments or future local laws by Fort Edward relating to the rights of the Town of Fort Edward in siting of solid waste facilities and other facilities as specified in § 82-8, collecting, receiving, transporting, delivering, storing, processing and disposing of solid waste, other waste and other materials as specified in § 82-8 or recovery within the Town of Fort Edward (outside the Village of Fort Edward).