LOCAL LAW NO. "B" FOR 2020
A LOCAL LAW OF THE COUNTY OF ALBANY TO PROHIBIT WASTE BURNING AND TO PROTECT THE CLEAN AIR OF ALBANY COUNTY
Introduced: 2/10/20
By Messrs. Reinhardt, Miller, Mss. Cunningham, Plotsky, Messrs. Kuhn, A. Joyce, Ms. Chapman, Messrs. Bruschi, Clay, Cleary, Efekoro, Fein, Mss. Lekakis, McLaughlin, McLean Lane, Messrs. Reidy, Peter and Simpson:
Section 1: TITLE
This Local Law shall be known as the "Albany County Clean Air Law."
Section 2: STATUTORY AUTHORIZATION
This Local Law is hereby adopted pursuant to the provisions of the New York Municipal Home Rule Law ? 10(1)(ii)(a)(11), 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.
Section 3: INTENT
It is the intent of this Local Law to promote and protect the public health and welfare of the residents of Albany County by prohibiting the burning or related processing of Waste.
Section 4: DEFINITIONS
As used in this Local Law, the following terms shall have the following meanings:
A. NEW WASTE DISPOSAL FACILITY shall mean any non-residential facility that, after the effective date of this Local Law:
1) disposes of Waste, uses Waste to heat an industrial process, or uses Waste to produce energy (heat, electricity, or a burnable fuel), and
2) accomplishes this through the combustion of Waste (or gases produced on-site from the burning, gasification or pyrolysis of such Waste), or by producing a solid, liquid and/or gaseous fuel product through conversion of Waste.
3) A New Waste Disposal Facility does not include:
i. landfills,
ii. publicly owned treatment works,
iii. anaerobic digesters,
iv. facilities burning landfill gas or gas produced from anaerobic digestion, unless they are also burning Waste,
v. systems used exclusively for on-site space heating purposes at a residential home,...
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