LOCAL LAW NO.

4 FOR THE YEAR 2020

A LOCAL LAW IMPOSING A MORATORIUM ON THE INCINERATION OF

AQUEOUS FILM-FORMING FOAM CONTAINING PERFLUOROCARBON
CHEMICALS IN THE CITY OF COHOES
WHEREAS, a Notice of Public Hearing was duly published and a public hearing held regarding
the proposed moratorium on April 28, 2020 at 7:00 p.m. at the Common Council Chambers,

NOW, THEREFORE BE IT ENACTED by the Common Council of the City of Cohoes as follows:

Section 1. Enactment and Title.

The Common Council of the City of Cohoes hereby enacts a moratorium on the
incineration of aqueous film-forming foam containing perfluorocarbon chemicals (hereinafter
referred to as “AFFF containing PFAS chemicals”), which shall include aqueous film-forming
foam concentrate and aqueous film-forming foam rinsate, within the territorial boundaries of the
City of Cohoes.
Section 2. Authorization, Purpose and Definitions.
A. Authorization.
Pursuant to its police power as enumerated in Section 10 of the Municipal Home Rule Law
of the State of New York and the statutory powers vested in the Common Council of the City of
Cohoes to protect the health, safety and welfare of its residents, the Common Council of the City
of Cohoes hereby declares a moratorium on the incineration of AFFF containing PFAS chemicals
within the territorial boundaries of the City of Cohoes.
B. Purpose.
It is the purpose of this Local Law to promote the safety, health and well-being of the
residents of the City of Cohoes and protect the public and the environment.
The Common Council of the City of Cohoes is concerned about the incineration of PFAS
chemicals without clear scientific guidance. The Environmental Protection Agency (EPA) has
released a technical brief that stated that "determining the appropriate method for ultimate disposal
of PFAS wastes is a complex issue due to their volatility, solubility, and environmental mobility
and persistence...PFAS compounds are difficult to break down due to fluorine's electronegativity
and the chemical stability of fluorinated compounds. Incomplete destruction of PFAS compounds
can result in the formation of smaller PFAS products, or products of incomplete combustion
(PICs), which may not have been researched and thus could be a potential chemical of
concern...The effectiveness of incineration to destroy PFAS compounds and the tendency for
formation of fluorinated or mixed halogenated organic byproducts is not well understood.”
Local Law No. 4 for the Year 20
April 28, 2020
Page 2

To ensure that the public health and safety is protected, this Local Law seeks to place a
moratorium on the incineration of AFFF containing PFAS chemicals until it is determined by the
Common Council, after receipt of recommendations from the New York State Department of
Environmental Conservation, the U.S. Environmental Protection Agency, and other interested
entities, that AFFF containing PFAS chemicals can be safely and effectively destroyed through
incineration and that incineration of AFFF containing PFAS chemicals does not have a detrimental
impact on the safety, health, and wellbeing of the residents of the City of Cohoes.
C. Definitions.
For the purposes of this Local Law, "incineration" shall include, but is not limited to, the
burning, combustion, pyrolysis, gasification, thermal oxidation (including flameless and
regenerative) in an acid-recovery furnace/oxidizer, ore roaster, cement kiln, lightweight aggregate
kiln, industrial furnace, boiler, process heater, or other incineration device.
Section 3. Activity Prohibited.
During the effective period of this Local Law, no person, partnership, limited liability
company, corporation, joint venture, association, government, or any other legal entity or any
agency or employee thereof shall cause AFFF containing PFAS chemicals to be incinerated within
the territorial boundaries of the City of Cohoes.
Section 4. Term.
The moratorium imposed by this Local Law shall be in effect through April 30, 2021. It
may be terminated earlier if the Common Council determines, by appropriate legislation, that the
purposes of this Local Law have been fulfilled.
Section 5. Location.
The moratorium imposed by this Local Law shall apply to the territorial boundaries of the
City of Cohoes.
Section 6. Penalties.
Any person, partnership, limited liability company, corporation, joint venture, association,
government, or any other legal entity or any agency or employee thereof who shall cause AFFF
containing PFAS chemicals to be incinerated as prohibited in this Local Law in the City of Cohoes
shall be subject to, in addition to any penalties prescribed by federal, state or Local Law, a civil
penalty of not more than $5,000.00 for each day or part thereof during which such violation occurs.
The civil penalties provided for by this section shall be recoverable in an action instituted in the
name of the City of Cohoes in any court of competent jurisdiction.
Section 7. Validity.
Local Law No. 4 for the Year 20
April 28, 2020
Page 3

The invalidity of any provision of this Local Law shall not affect the validity of any other
provision of this Local Law that can be given effect without such invalid provision.
Section 8. Effective Date.
This Local Law shall take effect upon filing with the New York State Secretary of State.

Approved as to form this 28th day of April 2020.

Brian S. Kremer
Corporation Counsel

Engrossed and signed by the President of the Common Council and attested by the Clerk of the
Common Council this day of April 2020.

Clerk President

I hereby approve the foregoing Local Law of the Common Council.

Date William T. Keeler

Mayor of the City of Cohoes, New York