[Adopted 5-18-1993 by L.L. No. 1-1993[1] (Ch. 49 of the 1975 Municipal Code)]
[1]
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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:
A.
To encourage the development and implementation of environmentally
and technically viable solid waste disposal programs;
B.
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
C.
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:
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.
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.
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.
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.
