[Adopted 5-18-1993 by L.L. No. 1-1993 (Ch. 49 of the 1975 Municipal Code)]
Editor's Note: This article provided that it does not create any right to construct a landfill within the Town. It is intended only to regulate landfills permitted by applicable law.
The Town of Saugerties, in an effort to safeguard the environment in a manner consistent with the New York State Environmental Conservation Law (ECL) and the rules and regulations promulgated thereunder in connection with the siting and operation of landfills, hereby enacts this article. It is the intention of the Town of Saugerties to reduce the possibility of groundwater contamination by improving landfill design and siting in a manner that is consistent with but more protective of natural resources than the regulations promulgated by New York State, which are codified at 6 NYCRR Part 360-2.
The Town Board of Saugerties finds that:
In order to make a contribution to the development and implementation of environmentally and technically viable solid waste disposal programs, landfill design and siting regulations, in addition to those promulgated by the State of New York as set forth at 6 NYCRR Part 360-2, are necessary.
The existence of a zone of separation between the point at which contamination enters the ground from a landfill and the groundwater table may protect groundwater from contamination, as would soil that has low hydraulic conductivity. This natural safeguard is a more reliable safeguard than are engineered safeguards.
The existence of an eighteen-inch-thick low-permeability soil layer in the primary composite liner of a landfill is an important element in the protection of groundwater from contamination emanating from landfills.
The slopes of landfills, landfill liners and all interfaces within the liner system are important factors in assessing and ensuring the safety of landfills and protecting the surrounding environment from contamination.
The identification of highly permeable zones or lenses in the soil, and the horizontal permeability and seepage velocity of soil, are important in the determination of the suitability of a site for a landfill.
The freshwater wetlands of the Town of Saugerties are invaluable for flood protection, wildlife habitat, open space and water resources. Any loss of freshwater wetlands deprives the people of the Town of Saugerties of these benefits.
The purposes of this article are:
To encourage the development and implementation of environmentally and technically viable solid waste disposal programs;
To protect the natural and human resources of the Town of Saugerties in a manner that is consistent with, but more protective of those resources than, the regulations promulgated by New York State as set forth at 6 NYCRR Part 360-2; and
To protect and preserve the freshwater wetlands of the Town of Saugerties.
As used in the context of this article, the following definitions shall apply:
- FRESHWATER WETLANDS
- Lands and waters of the state as defined in ECL § 24-0107(1) and/or 33 CFR 328.3(b) and 40 CFR 230.3(t).
- Water below the land surface in the saturated zone of the soil or rock. This includes perched water separated from the main body of groundwater by an unsaturated zone.
- GROUNDWATER TABLE
- The naturally occurring seasonally high surface of groundwater at which it is subjected to atmospheric pressure. Groundwater table does not include the potentiometric head level in a confined aquifer.
- A disposal facility or part of one at which solid waste, or its residue after treatment, is intentionally placed in or on land, and at which solid waste will remain after closure, and which is not a land-spreading facility, a surface impoundment, or an injection well.
- LINER SYSTEM
- A continuous layer of natural or man-made materials, beneath or on the sides of a landfill, which restricts the downward or lateral escape of solid waste, any constituents of such waste, or leachate, and which complies with 6 NYCRR Part 360-2.
- SLOPE STABILITY SAFETY FACTOR
- The numerical value obtained from an analysis of the stability of a slope and computed by dividing the summation of driving forces on the slope by the summation of resisting forces on the slope.
This article shall apply to any new landfill located within the Town whose construction requires a permit from the New York State Department of Environmental Conservation, which permit has not been granted on the effective date of this article. This article shall not apply to the expansion of any existing landfill within the current site thereof.
A minimum separation of five feet must be maintained between the base of the constructed liner system of a landfill and the seasonal high groundwater table.
The double composite liner system of a landfill must include a primary leachate collection and removal system consisting of a granular soil layer at least 24 inches thick with a leachate collection pipe network. The primary leachate collection and removal system must lie above the primary (upper) composite liner. The primary composite liner must consist of a geomembrane of at least 60 mil that directly overlays a low-permeability soil layer of at least 18 inches in thickness. The primary composite liner must lie above the secondary leachate collection and removal system. The secondary leachate collection and removal system must consist of either a leachate collection pipe network with a granular soil layer at least 12 inches in thickness, or an effective layer of geosynthetic material. The secondary leachate collection and removal system must lie above the secondary (lower) composite liner, which must consist of a geomembrane of at least 60 mil that directly overlays a low-permeability soil layer at least 24 inches in thickness. The double composite liner system described in this section is required for all landfills.
All landfill slopes, including those for the slopes inside the landfill, the liner, and all interfaces within the liner system, must have a slope stability safety factor of at least 1.5.
The hydrogeologic report required by the New York State Department of Environmental Conservation for a permit to construct and to operate a landfill pursuant to 6 NYCRR Part 360-2.3 must include, in addition to the requirements set forth at 6 NYCRR Part 360-2.11, studies designed to determine whether sand or silt lenses or varves exist on the proposed site, the extent and thickness of any such lenses, and whether such lenses are continuous. In the event that such studies establish the presence of sand or silt lenses, the applicant shall undertake studies designed to determine the values of horizontal permeability (hydraulic conductivity) and horizontal seepage velocity of proposed site soils.
No landfill or associated roads, buildings, utilities, or other appurtenant physical features (including construction staging areas) shall be constructed on any lands or waters meeting either the definitions of freshwater wetlands set forth in ECL § 24-0107(1) and 6 NYCRR Part 664 or in 33 CFR 328.3(b) and 40 CFR 230.3(t), regardless of the size of such wetlands or formal designation as such. The wetlands definitions utilized shall be those in effect on the date the landfill applicant first files its application for a permit to construct with the New York State Department of Environmental Conservation.
The native soil beneath the landfill shall have a hydraulic conductivity of 10-5 centimeters per second or less, as determined by in-situ hydraulic conductivity test methods.