Hudson Falls passes its own Clean Air Law vs. trash plants

By Cathy DeDe, Chronicle Managing Editor

The Village of Hudson Falls on April 20 enacted a Clean Air Law to regulate waste incinerators in the Village.

It’s not named in the law, but the law impacts WIN Waste waste-to-energy facility, formerly Wheelabrator, known generally as “the trash incinerator” or trash plant located on River Street.

The law is enforceable by Village Code Officers, Hudson Falls Village Attorney William Nikas tells The Chronicle.

“We can issue a cease and desist order to shut down,” he says.

Mr. Nikas says the Village has authority to exceed state or federal regulations through New York State’s Home Rule Law, Clean Air Act and other laws cited in the Hudson Falls’ new law.

But is the Village in for a legal fight?

“Probably, yes,” Mr. Nikas said.

“I’m very proud of them, because it is probably going to be a battle. David versus Goliath is a good metaphor.”

Mr. Nikas says that if it becomes a David and Goliath scenario, “David wins.”

The Village law lists 19 contaminants to be measured by continuous emissions monitoring equipment, “as technologically feasible and commercially available,” or otherwise by continuous sampling.

Currently, says Mr. Nikas, “Some pollutants get monitored once a year. Some don’t get monitored at all.”

An existing facility has a year to comply with the monitoring edict, with possible extension “for good cause” and “evidence of work toward compliance.”

They have two years to comply with specific pollutant limits set by the local law, again with possible extension.

The facility must also share all data in real-time through an Internet feed on a public Website, with email alerts available for “excedences” of local, state or federal pollution regulations.

The standards are “independently enforceable by the Village of Hudson Falls.

“Where federal or state requirements are less stringent than this local law, it is the intent of the Village that the stricter requirements in this local law shall apply, but that the Village may also enforce the federal or state requirements.”

Violations may also result in fines or imprisonment, says the law.

Any new waste facility would have to begin by following the law’s emissions and reporting requirements.

Washington County has balked at the law. Municipal law requires a local law be submitted to the County for review, Mr. Nikas said.

The County Planning Agency offered a “binding recommendation” that Hudson Falls refer the matter to the State Department of Conservation, the DEC.

It also said the Village should first do a study on the law’s impact on waste treatment for all County municipalities that are served by the County’s only large-scale waste processing facility.

The Village basically responded, “No.”

To defy the County, it required a supermajority vote and written explanation. The Village passed the law with all five board members voting in favor.

As to deferring to DEC, Mr. Nikas said it “begs the question as to why any municipality would seek DEC oversight when it is the very inadequacies of DEC’s enforcement of air emission and pollution control regulations which gave rise to the need” for a local law “in the first place.”

He told The Chronicle, “WIN Waste’s permit expired in 2024. (DEC) always just renews them with no upgrade. There hasn’t been an upgrade to bring it into current emission controls for who knows how long.”

Mr. Nikas cited a 2023 audit of the DEC by the State Comptroller’s Office.

It found, Nikas listed in part, “weaknesses in oversight,” “gaps in policies in the air permitting process,” “lack of public information to residents” about emissions “in their communities,” and “often years-long periods of air permit extensions.”

As to the question of impact on waste treatment in the County, Mr. Nikas wrote, “Cost or inconvenience should never override public health and safety.”

“The Village’s position is that the purpose of the Local Law is to reduce toxic air emissions, a purpose which will hopefully be successfully realized by a responsible WIN Waste decision to upgrade its pollution control equipment.”

Mr. Nikas tells The Chronicle, “I think there are at least 10 or 11 of these facilities in the state, and I’m sure they’ll be looking at this for precedent in other communities.”

Urging passage of the law, the Clean Air Action Committee and Energy Justice Network provided petitions with “a couple hundred signatures of people in the community,” Mr. Nikas said.

“The Village Board acknowledged that this is their constituency, they did their duty, and we created this local law.”

Mr. Nikas says, “A lot of it had to do with when we were designated a disadvantaged community (by the State). You’ve dumped on us for all these years, whether it’s General Electric and PCBs or incineration.

“We’re proud of our community, and we don’t like being called the trash center of the area. We’re going to do something to reverse that.”

He says, “If the company does what the local law requires, then we have a plant that will prove to be clean. There’s always some downside to getting rid of trash, but at least this will bring it into modern pollution control. They have a year to respond with their plans, and if they don’t, then we’ll be in the courts.

Hudson Falls Board unanimous

The Hudson Falls Village Board —Mayor John Barton and Trustees Dan Hogan, Mike Horrigan, James Gallagher Jr., and Jeff Gaulin voted unanimously for the village’s Clean Air law.

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