[HISTORY: Adopted by the Town Board of the Town of Albion 3-11-1996
by L.L. No. 2-1996; amended in its entirety 5-28-1996 by L.L. No. 4-1996.
Subsequent amendments noted where applicable.]
This chapter shall be known as and may be cited as the "Solid Waste
Management Facilities Law of the Town of Albion."
The Town Board, concerned with the public health, welfare and safety
of the community, finds that environmental science is presently inadequate
to satisfactorily evaluate and control pollution from solid and liquid waste
management facilities such as landfills, ashfills, construction and demolition
debris processing and disposal facilities, resource recovery, and incineration
facilities. Among other factors, the Board finds as follows:
A.
The inability of geological science to precisely ascertain
the existence and flow of groundwaters and to map subterranean geology makes
it impossible to determine the extent to which solid and liquid waste disposal
may, or may not, contaminate water supplies.
B.
Moreover, the accumulated extent of hazardous waste disposal
in solid and liquid waste disposal facilities cannot be measured or accurately
determined because of state and federal regulations permitting disposal of
residential or small user quantities of hazardous wastes.
C.
The Town's need for solid and liquid waste disposal are
being met.
D.
The Town is already the site of two landfills which are
the source of serious environmental concern. At least one landfill has been
placed by the New York State Department of Environmental Conservation (DEC)
on the Registry of Inactive Hazardous Waste Disposal Sites. This site has
been confirmed as the source of groundwater contamination at levels exceeding
DEC Part 703 standards. This site is classified as a Class 2 site, representing
a significant threat to the public health or environment - action required.
Groundwater in the vicinity of this site is used as a drinking water source.
A Department of Health analysis shows that organic and inorganic contaminates
exist in leachate that has migrated from this landfill and in surface water
samples taken from the Erie Canal.
E.
Faced with enormous risks posed by existing facilities,
the Town Board also recognizes that future correction of pollution from solid
or liquid waste management facilities, including sanitary landfills, construction
and demolition debris disposal facilities, and incineration facilities may
be very expensive or even impossible to achieve. According to the DEC pollution
from solid waste management facilities has already contaminated portions of
the local water supply. DEC studies, including the Upstate New York Groundwater
Management Plan, cite disposal facilities as major sources of water, including
groundwater, contamination.
F.
The Draft Comprehensive Plan for the Town of Albion,
Village of Albion and Town of Barre states that "Landfills are inconsistent
with the long-term development goals of the community." Further, the Draft
Comprehensive Plan calls for the adoption of local laws implementing the Erie
Canal Corridor Plan for the Genesee/Finger Lakes Region prepared by the New
York State Urban Development Corporation, including restricting expansion
of existing landfills within the corridor and preventing further deterioration
of aesthetic impacts and water quality.
H.
Within the Town of Albion approximately 64% of all property
is dedicated to agricultural uses. Four thousand three hundred sixty-four
(4,364) acres, or about half the total farm land, and 31% of all land within
the Town is within a County Agricultural District. The New York State Legislature
has recently enacted legislation, effective in 1998, prohibiting in certain
cases siting solid waste management facilities (other than land application
facilities and transfer stations) on land in agricultural production within
agricultural districts. The Legislature has previously declared it to be the
policy of the state to conserve and protect agricultural lands. The Town Board
finds that the siting of landfills and other large noxious solid waste management
facilities within the Town is inconsistent with the preservation of the agricultural
industry and the policies of the State Legislature.
I.
The Town Board finds, based on its review of existing
facilities and present community development goals, that the community character's
will be adversely and unalterably impacted by the location and operation of
any additional solid or liquid waste management facilities within the Town.
J.
Substantial scientific opinion questions the environmental
and health effects of both "resource recovery" facilities that incinerate
or burn solid waste and of the handling and disposal of ash residue from such
facilities, and the containment methods for liquid waste.
K.
The Town of Albion contains significant natural and cultural
resources. The wetlands and woodlands contained within the Town are a precious
ecological resource and are deserving of the utmost protection. The Town is
also home to a portion of the Erie Canal, a significant historical and recreational
resource.
L.
These resources constitute crucial physical, ecological,
social, aesthetic, recreational, and economical assets, and their preservation
is necessary to protect and promote the health, safety, and general welfare
of present and future residents of the Town.
M.
There are substantial floodplains within the Town. According
to the Environmental Protection Agency, the placement of solid waste management
facilities near or in floodplains can result in wastes being carried by floodwaters
and flow from the site, and filling in floodplains that may restrict the flow
of floodwaters, causing greater flooding upstream and/or reduced water storage
capacity in the floodplain.
N.
The siting, construction, operation and expansion of
solid waste management facilities within the Town of Albion will affect and
impact upon all Albion residents. Furthermore, facilities which are poorly
sited or operated may have a negative environmental impact on the surrounding
communities because they can contaminate groundwater and surface water, and
lead to odors and air pollution.
A.
It is the intent of this chapter to promote the public
purposes identified in this chapter by providing for the proper regulation
and use of solid waste management facilities within the Town. Specifically,
the Town intends by this chapter to:
(1)
Regulate the siting, construction, operation and expansion
of solid waste management facilities within the Town of Albion in order to
promote a clean, wholesome and attractive environment for the community.
(2)
Improve the ability of public officials and Town residents
to participate in the process of siting and licensing solid waste management
facilities.
(3)
Reduce the risk of pollution from solid waste management
operations by regulating the type, scope and size of such activities.
(4)
Ensure that accurate, current information about solid
waste management operations within the Town is available to public officials
and citizens.
(5)
Protect the residents of the Town from undesirable effects
of solid waste management operations including:
(a)
Unaesthetic results, including odors, blowing litter,
increased traffic, dust, and noise; and
(b)
Deterioration in property values associated with an adjacent
or proximate solid waste management operation that may interfere with the
orderly development of properties; and
(c)
Threats to public health or the environment by contamination
of air, surface water or groundwaters.
(6)
To exercise the Town's police powers under the Municipal
Home Rule Law and §§ 130 and 136 of the Town Law for the physical
and mental well-being and safety of its citizens and to restrict waste disposal
operations within the Town that might otherwise be permitted under the ECL.
Section 27-0711 of the ECL specifically recognizes and authorizes the right
and authority of a Town to legislate stricter controls on solid waste management
operations than state law requires.
B.
It is not the intent of this chapter to restrict, obstruct,
or otherwise hinder the continuation of agricultural production. The Town
Board believes that the community is enhanced by the farms, representing a
majority of land uses in the community, that operate within its boundaries.
By enacting this chapter the Town affirms its commitment to agriculture for
this generation, and future generations who will work the land, and to the
protection of lands within Agricultural Districts.
C.
It is not the intent of this chapter to regulate in any
way the composting of yard waste and food waste at the personal residences
or farms at which such waste is produced.
A.
This chapter shall be applicable to all areas within
the Town of Albion, except within the incorporated Village of Albion.
B.
Nothing in this chapter shall prohibit the Town Board
from entering into an agreement with any facility operator or owner, properly
permitted under this chapter, concerning host fees or contractual services.
A.
Unless defined below or the context otherwise requires,
the terms and words used in this chapter shall have the same meanings as in
normal usage.
B.
AGRICULTURAL DISTRICT
APPLICANT
AUTHORIZED REPRESENTATIVE
COMPLETED APPLICATION
DEC
DISPOSAL
(1)
(2)
DISPOSAL FACILITY
ECL
EPA
FACILITY
LANDFILL
MAJOR MODIFICATION OF A PERMIT
OPERATOR
OWNER
PERSON
REFUSE
RELATED CORPORATIONS
SEQRA
SOLID WASTE MANAGEMENT FACILITY
USED ENGINE LUBRICATING OIL RETENTION FACILITIES
WATER BODY
WATERCOURSES
As used in this chapter, these terms and words shall
be defined as follows:
A district created under Article 25AA of the New York State Agriculture
and Markets Law.
The person applying for a permit under this chapter who must be the
owner or operator of the solid waste management facility.
The individual responsible for the overall operation of a solid waste
management facility or an operational unit of a facility, such as the manager,
superintendent or individual of equivalent responsibility who has authority
and knowledge to make and implement decisions regarding operating conditions
at the facility.
An application in which all necessary information and proof of other
approvals, required by any other entity or relevant law or regulation, is
provided to the Town Board. If the Albion Town Board is engaged in coordinated
review with other regulating agencies, such information may be provided to
the Town Board in accordance with the applicable coordinated review procedure.
The New York State Department of Environmental Conservation.
Is the:
Placement, distribution, removal, discharge, deposit, injection, spilling,
dumping or leaking of a solid waste, or any constituent thereof, in, onto,
in or under any land, surface water or groundwater; and
The storage of solid waste on, onto, in or under any land, water or
structure, except at the site of generation.
A solid waste management facility or part of one, other than a land
application facility, in which or on which solid waste is intentionally placed,
including any land or water, and at which solid waste will remain after closure.
The New York Environmental Conservation Law.
The United States Environmental Protection Agency.
Any solid waste management facility.
Land or a disposal facility or part of one where solid waste or its
residue after treatment is intentionally placed and which is not a land application
facility, surface impoundment, injection well or waste pile.
A modification which either involves a material change in existing
permit conditions or of the permitted actions; or there is newly discovered
material information or there has been a material change in environmental
conditions, relevant technology or applicable law or regulations since the
issuance of the existing permit.
The person responsible for the overall operation of a solid waste
management facility or part of a facility, with the authority and knowledge
to make and implement decisions, or whose actions or failure to act may result
in noncompliance with the requirements of this chapter or the permit issued
by any state or federal agency, or the regulations or conditions set by said
state or federal agency.
A person who owns a solid waste management facility or part of one,
and can include, without limitation, the real property on which the solid
waste management facility is located.
Any individual, public or private corporation, political subdivision,
government agency, authority, department or bureau of the state, municipality,
industry, partnership, limited liability company, association, firm, trust,
estate or any other legal entity whatsoever.
Anything putrescible or nonputrescible that is discarded as useless
or worthless.
All corporations included with the applicant in one or more chains
of corporations connected by stock ownership with a common parent corporation.
The State Environmental Quality Review Act[1] and the review procedures required therein.
Any facility employed beyond the initial solid waste collection process
and managing solid waste, including but not limited to storage areas or facilities;
transfer stations; rail-haul or barge-haul facilities; landfills; disposal
facilities; solid waste incinerators; refuse-derived fuel processing facilities;
pyrolysis facilities; construction and demolition debris processing facilities;
land application facilities; composting facilities; surface impoundments;
used oil storage, reprocessing, and rerefining facilities; recyclables handling
and recovery facilities; waste tire storage facilities and regulated medical
waste treatment facilities. The term includes all structures, appurtenances,
and improvements on the land used for the management or disposal of solid
waste.
Any facility employed to store used engine lubricating oil by a service
establishment or any other person, commercial or industrial operation, airport,
bus or trucking terminal, or state or local government facility that generates
at least 500 gallons of used engine lubricating oil annually, or accepts used
oil from do-it-yourselfers.
Any body of standing water which exists at least nine months of the
year, and which, when wet, is customarily more than 5,000 square feet in water
surface area.
Any body of water flowing in an identifiable channel or course at
least nine months of the year.
[1]
Editor's Note: See ECL § 8-0101 et seq.
A.
The following are not subject to this chapter:
(1)
Any disposal of manure in normal farming operations;
but not including sewage sludge processing and spreading.
(2)
Any sewage treatment facility but not including any sewage
sludge spreading facility or land application facility.
(3)
On-site facilities, other than disposal facilities and
incinerators, located on an applicant's premises and serving only the applicant's
waste products created at that site. Persons constructing, operating and expanding
such facilities shall apply to the Town Board and request an on-site facility
waiver. The request shall include copies of all applicable state and federal
licenses, permits and pending permit applications. The Town Board may place
reasonable restrictions on the waiver, including reporting requirements, to
insure compliance with this chapter. No person who qualifies for and receives
this on-site facility waiver shall accept, handle, import or transport any
waste created or generated by any other party or from any other source or
location.
(4)
Used engine lubricating oil retention facilities.
B.
None of the above exemptions shall be construed to permit
any activity contrary to existing or future building codes, zoning ordinances
or codes or other local or state laws or as exempting any other permit required
by state or local law.
A.
The provisions of this chapter shall be interpreted in
such a manner as being consistent with state law, except that the more stringent
requirements of this chapter shall apply.
B.
The Town Board may coordinate all reviews of applications,
including the SEQRA process, with other local, state and federal agencies
having approval over the application. Nothing in this chapter shall limit
the right or power of the Town to participate in any permitting process held
by another agency. A decision of the lead agency under SEQRA shall not be
binding upon the Town, nor limit the right and power of the Town to conduct
any and all inquiries, hearings and investigations it deems necessary in taking
an action on an application.
C.
Nothing in this chapter waives the requirement of compliance
with any other law, ordinance or resolution of the Town of Albion; nor does
this chapter authorize what is otherwise prohibited by any other law, ordinance
or resolution of the Town of Albion.
A.
No solid waste management facility shall hereafter be
sited, constructed, expanded, transferred, or operated within the Town of
Albion, except as permitted by this chapter.
B.
Renewals of facility permits, expansions, transfers of
permits and major modifications of facility permits, shall require a new permit
and application. Applications for renewals shall be made no later than six
months prior to the expiration of the expiring permit.
C.
Existing solid waste management facilities, other than those prohibited by § 87-9, shall apply for a permit under this chapter within 30 days of the effective date of this chapter. Such facilities shall be allowed to continue to operate during the application proceeding, subject to the terms and conditions of existing permits.
A.
The following solid waste management facilities may not
be expanded, constructed or operated within the Town of Albion:
(1)
Disposal facilities, including, but not limited to, landfills,
sanitary landfills, ashfills, industrial waste landfills, construction and
demolition debris landfills, and monofills, but not including landfill gas
recovery facilities.
(2)
Incinerators.
(3)
Used oil storage, reprocessing, and rerefining facilities,
but not including used engine lubricating oil retention facilities.
(4)
Waste tire storage facilities.
(5)
Medical waste treatment facilities.
(6)
Composting facilities.
(7)
Construction and demolition debris processing facilities.
(8)
Hazardous waste facilities.
(9)
Surface impoundments.
(10)
Rail-haul and barge-haul facilities.
B.
If any part of this section prohibiting certain facilities
should be judicially declared to be invalid, void, unconstitutional, or unenforceable,
in whole or in regard to any specific facility, applications for said affected
facilities shall be made in accordance with this chapter and shall be evaluated
in accordance with the application procedures of this chapter, and unaffected
provisions hereof shall survive such declaration, and this chapter shall remain
in full force and effect as if the invalidated portions had not been enacted.
C.
Any facility listed in Subsection A above currently licensed and operating within the Town may continue operations until the expiration of the current necessary federal, state, or local operating license or permit, or five years, whichever is sooner. Nothing in this provision shall authorize the transfer, expansion, or major modification of an existing facility.
A.
Applicants, including new, renewal, major modification,
transfer and expansion applicants, shall submit 10 copies of any application,
including any required application fee, which shall be filed with the Town
Clerk.
B.
Upon receipt of all of the requisite application materials, the Town Clerk shall notify the Town Board, which shall declare the application complete or incomplete within 30 days of such notification. If the Town Board does not so declare within 30 days of notification, the applicant may submit a demand for determination letter ("demand letter") to the Town Board. If the Town Board does not so declare within 30 days after the receipt of the demand letter, the application will be deemed complete. The time periods noted within this section shall not otherwise begin until the application has been declared complete. If, in accordance with § 87-11A(15), the Town Board requests additional information of the applicant, the time period within this section to determine the application incomplete or complete shall commence with receipt of the additional information, and all time periods within this section shall be tolled until such additional information is deemed complete. If the Town Board does not so declare within 30 days of receipt of the additional information, the applicant may submit a demand letter to the Town Board. If the Town Board does not declare the application, including the additional information, complete or incomplete within 30 days after the receipt of the demand letter, the application and the additional information will be deemed complete. The Town Board shall give written reasons if the application or additional information is found to be incomplete.
C.
The approving authority with respect to all aspects of
all applications hereunder shall be the Albion Town Board.
D.
The Town Board has the right to obtain, in the manner
established by General Municipal Law § 101 et seq., legal and/or
engineering consultation, from consultants of the Town Board's choice, with
the cost of such consultation to be borne by the applicant. Additionally,
the Town Board has the right to retain consultants for assisting in the SEQRA
review, with the cost of such consultation to be borne by the applicant. If
the Town Board or other agency acting as lead agency in the case of a coordinated
SEQRA review, determines that an environmental impact statement shall be prepared,
all time periods within this section shall be tolled until the completion
of the SEQRA process. A separate account shall be established for each applicant.
Fees shall be paid in advance and the time periods in this section shall be
tolled while such fees are unpaid. Interest earned, if any, on such accounts
shall belong to the applicant and all excess funds at the close of the application
process shall be repaid to the applicant.
E.
The Town Board has the right to promulgate by resolution
regulations establishing application fees and annual permit fees. Application
fees shall be initially set at $500 per application, including new, renewal,
expansion, major modification and transfer applications, and are due upon
submission of the application. Rejected applications may be resubmitted within
one year of the date of rejection by the Town Board without requiring payment
of another application fee. Permit fees shall be initially set at $500 annually,
and are due upon issuance of the permit and on that date annually thereafter.
F.
The Town Board may refer any application submitted to
it pursuant to this chapter to the Albion Planning Board, or other Town committees,
for review and report. The Planning Board shall report back to the Town Board
within 30 days of the date of referral or within such greater period as may
be specified by the Town Board at the time of referral, not to exceed 60 days.
Failure to comply within the specified time periods shall be interpreted by
the Town Board as indicating no objection to the application.
G.
A public hearing shall be held by the Town Board, within 60 days after an application, including the receipt of requested additional information, is deemed complete, or if the Town Board determines to obtain such consultation as described in Subsection D above, within 180 days after an application, including the receipt of requested additional information, is deemed complete, upon no less than 20 days' notice. The public hearing may be adjourned to subsequent dates if in the opinion of the Town Board such adjournment is necessary to allow full public participation. Written notice of such public hearing shall be published in a newspaper of general circulation within the Town at least five days prior to the hearing. Written notice of such public hearing shall be delivered to persons owning real property within 500 feet of any line of any premises which is the subject of the application as may appear upon the latest completed assessment roll, such notice to be delivered at least five days before the date set for the public hearing.
H.
A determination shall be made to approve, approve with
modifications, approve with conditions or disapprove an application within
60 days following completion of the public hearing, or 60 days after the completion
of the SEQRA process, whichever is later.
I.
All time periods in this chapter may be extended by the
mutual consent of the Town and the applicant. Unless otherwise stated, all
time periods within this chapter are directory not mandatory, and no rights
shall accrue to any applicant by the failure of the Town Board to act within
the stated time periods, except as specifically stated herein.
A.
Any person who shall desire and intends to establish,
construct, operate, expand or maintain a solid waste management facility in
the Town of Albion shall for an application submit the information listed
herein, including a transmittal letter with an oath that subject to the penalties
of perjury the information in the application is correct.
(1)
The name and address of the applicant, including the
name, address and telephone number of the applicant' s authorized representative.
(2)
All information required to be submitted to the DEC or
EPA for all state or federal permits required to locate, construct, expand,
transfer or operate the facility, including copies of all applicable county,
state, and federal permits or permit applications required for the facility.
(3)
A description of the operations, including the type of
waste streams, the type of storage, treatment, disposal or processing that
will occur to each waste stream, the machinery and equipment which will be
used, and the number of employees expected to be engaged in the operations.
(4)
The maximum volume and the expected average volume of
each waste stream the applicant will accept for disposal, for processing,
for treatment or for storage, on a weekly and on a monthly basis. Included
should be the maximum volume of each waste stream to be stored at the facility
at any one time.
(5)
The name and address of the owner of the land upon which
the site is to be located, and if the applicant is not the owner, the nature
of his right of occupancy of such land.
(6)
If the applicant is a corporation the names of all parent,
related and subsidiary corporations engaged in waste management activities,
the names of shareholders owning a ten-percent or greater voting interest,
and if the applicant is a partnership or limited liability company, the names
of each partner or person holding a greater than 10% general or limited partnership
or other interest.
(7)
Site map or maps, prepared by a licensed engineer, showing
the following:
(a)
Title of drawing, including the name and address of the
applicant.
(b)
North arrow, scale and date.
(c)
The exact location of the area intended for use as a
facility, including buffer zones.
(d)
Existing and proposed contours at intervals of not more
than 10 feet.
(e)
Building orientation, footprint and elevations.
(f)
Existing natural features such as water bodies, watercourses,
wetlands, wooded areas, individual large trees, flood hazard areas within
1,000 feet of the area intended for use as a facility, including buffer zones.
(g)
The location of all boundary lines and/or streets and
highways abutting the facility and all dwellings situated within 1,000 feet
of the area intended for use as a facility, including buffer zones.
(h)
The location of any adjoining property boundary within
1,000 feet of the area intended to be used as a facility, excluding buffer
zones.
(i)
Location of any property boundary of an active farm within
1,000 of the area intended to be used as a facility, including buffer zones.
(j)
The location of water wells within 1,000 feet of the
area to be used as a facility.
(k)
Provision for buffer areas and other landscaping.
(l)
Location of all parking and truck-loading areas, showing
access and ingress drives.
(m)
Zoning district and Agricultural district boundaries
within 1,000 feet of the area intended for use as a facility, including buffer
zones.
(n)
Grading and erosion control measures including the proposed
location of sediment sink/settling pond and interceptor swales, etc.
(o)
Location and design for stormwater management facilities.
(p)
The topography of the site.
(q)
A soils overlay, if general site grades exceed 10% or
if portions of the site have susceptibility to erosion, flooding or ponding.
(r)
Such other topographical and perimeter surveys, hydrological
computations, engineering studies, and other factual or scientific data and
reports as deemed necessary by the Town Board.
(s)
Perimeter fencing location, type and height.
(t)
Areas to remain undisturbed.
(8)
A full environmental assessment form. If the Town Board
or other agency issues a positive declaration of environmental impact for
the proposed impact, no consideration of the application will occur prior
to the completion of the SEQRA process.
(9)
Where applicable, a plan for the storage and/or disposal
of collected leachate, including written commitments from any facilities where
such leachate would be disposed.
(10)
A drainage report including supporting design data and
copies of engineering computations used to determine the design capacities
and performance requirements of drainage facilities.
(11)
A report outlining the vehicular traffic impact of the
project, including recommendations for mitigating such impacts.
(12)
Description of all violations of any federal, state or
local statute or regulation by the applicant; its parent corporation, subsidiaries
or related corporations; owners; shareholders (or their parent corporation,
subsidiaries or related corporations) owning more than 10% of the applicant;
or partners owning more than 10% of the applicant, including the affected
statute or regulation involved, the circumstances of the violation, penalties
assessed and remedial action required.
(13)
A U.S. Army Corps of Engineers federal wetlands determination
for the site and areas within 1,000 feet.
(14)
Each application for a facility where disposal of solid
waste will occur shall contain a reclamation plan including the following:
(a)
A comprehensive plan for the rehabilitation of the entire area in which the applicant proposes to conduct operations. The plan of rehabilitation shall set the final contours and slopes, and include measures to conserve topsoil and filling and compaction necessary to allow the practical use of the site for the principal uses for which the site is zoned under Chapter 103, Zoning, of the Code of the Town of Albion. A basic reclamation plan shall include grading and slope treatment, disposal of refuse or soil, drainage and water control features and revegetation, proposals for the prevention of pollution, the protection of the environment, the protection and perpetuation of the highest value of surrounding property and the protection of the property, health, safety and general welfare of the community.
(b)
A specific time schedule for the commencement and conclusion
of all reclamation activities pursuant to the reclamation plan, including
revegetation, which schedule shall in all events be completed within one year
after the conclusion of solid waste management activities.
(c)
An estimate prepared by an engineer duly licensed by
the State of New York of the anticipated cost for the completion of the reclamation
plan within the time schedule required under this section, as proposed by
the applicant and including an analysis of how said estimated cost was computed.
(15)
Such other information as deemed necessary by the Town
Board, including information necessary for compliance with SEQRA.
B.
A waiver from any of the application content requirements
of this section may be granted by the Town Board in its discretion, and on
such conditions as it may reasonably establish, when the Town Board determines
that the information requested is not necessary to carry out the purposes
of this chapter or is otherwise available to the Town.
A.
The applicant shall have the burden of demonstrating
that the proposed activity will be in accord with the policies and provisions
of this chapter.
B.
In approving, disapproving, or approving with modifications
any application the Town Board shall exercise its discretion in consideration
of the following factors:
(1)
The environmental impact of the proposed action;
(2)
The overall need for the proposed action. That the facility
will primarily involve waste generated outside the Town shall not be a factor
in evaluating the application;
(3)
The alternatives to the proposed action;
(4)
Irreversible and irretrievable commitments of resources
that would be involved in the proposed activity;
(5)
The character and degree of injury to, or interference
with, safety, health, or the reasonable use of property that is caused or
threatened;
(6)
The suitability or unsuitability of such activity to
the area for which it is proposed, including current and anticipated future
land uses, surrounding community character, anticipated growth in the surrounding
area, zoning and natural features of the site;
(7)
The effect of the proposed activity with reference to
the protection or enhancement of the Town's natural resources including, but
not limited to, agricultural uses and districts, wildlife, flora, recreation,
wetlands, water bodies, and watercourses;
(8)
The availability of preferable alternative locations
on the subject parcel or, in the case of activity of sufficient magnitude,
the availability of other reasonable locations;
(9)
The availability of mitigation measures or safeguards
that could feasibly be added to the plan or action;
(10)
The extent to which the exercise of property rights and
the public benefit derived from such use may outweigh or justify the possible
degradation of the site, the interference with the exercise of other property
rights, and the impairment or endangerment of public health, safety, or welfare;
(11)
Compliance with the New York Solid Waste Management Plan;
Local Solid Waste Management Plan and Town Comprehensive Plan;
(12)
Actual and potential litter, noise, odor, rodent and
other vermin infestation, air pollution and water (surface and ground water)
pollution problems from the project.
(13)
Effect of the project on vehicular traffic within the
Town, including adequacy and arrangement of vehicular traffic access and circulation,
including emergency vehicle access;
(14)
Adequacy of drainage and flood prevention.
(15)
Adequacy of stormwater and sanitary waste disposal.
(16)
Effect from the project of any impacts identified in
any engineering review by a Town-retained hydrogeological consultant or other
engineering consultant.
C.
Permits will be issued by the Town Board only if the
Town Board shall find that the proposed regulated activity is consistent with
the policy of this chapter.
D.
Nondiscrimination requirement. In evaluating any application
request or permit condition under this chapter, the Town Board shall not consider
and shall not base any decision on the source, origin, or destination of any
waste stream, nor on the method or route of transporting any waste stream.
No decision of the Town Board under this chapter shall favor in-town interests
over out-of-town interests nor act to subsidize local interests. No decision
of the Town Board under this chapter shall require any applicant to provide
different services or prices for Town residents or businesses.
E.
The Town Board shall be authorized to deny a permit application
or renewal if it determines, after a public hearing and affording the applicant
an opportunity to present evidence on the issue, that the applicant, including
the applicant's parent, subsidiary and other related corporations, limited
liability companies, joint ventures or partnerships, has such a record of
violations of applicable federal, state, or local laws that, in the judgment
of the Town Board, the applicant is unsuitable to operate a solid waste management
facility.
F.
As part of any permit the Town Board may impose such
reporting requirements as it deems necessary to fully inform the public and
public officials on the operation of the facility. The Town Board may also
designate a location for deposition of such reports for public inspection.
All reports, tests, correspondence, notices, etc., in connection with the
facility, sent by the operator or owner to the DEC, EPA or other state or
federal agency, shall also be provided to the Town, if the Town so requires
as a condition of the permit.
A.
Any permit issued hereunder shall at all times be displayed
conspicuously at or near the entrance to the site.
B.
Any permit issued hereunder shall be effective from the
date of its issuance for five years or until expiration of the applicable
state or federal permit, whichever is sooner. A permit hereunder may be renewed
for the lesser of an additional five-year period or the period of a corresponding
applicable facility state or federal facility permit, if any, provided that
the operations are in conformance with this chapter and the permit would be
approved as an original application if submitted at the time. The granting
of an original or renewed permit shall in no way create vested rights for
the permittee or the site.
C.
No permit issued under this chapter shall be transferable
or assignable without the prior written approval of the Town Board. Without
limiting the forgoing, for the purpose of this section, if the permittee or
licensee is a corporation whose stock is not sold to the general public on
any recognized stock exchange or "over the counter," and any type of transfer
or assignment of the ownership of a share or shares of stock in said corporation
is made, voluntarily or involuntarily, which transfer or assignment would
cause the controlling interest in said corporation to be vested in a party
other than the party holding controlling interest in the corporation before
such transfer, shall be considered a transfer governed by this section. The
Town Board must be notified in writing by the corporate licensee or permittee
as to any transfer or assignment of ownership of controlling interest in the
shares of stock in said licensee or permittee. Any transfer or assignment
will cause an automatic revocation of any permit issued hereunder, unless
the Town Board, in its sole discretion, consents in writing prior to such
transfer.
D.
Such permit may be revoked, modified or suspended by the Town Board for the violation of any regulation herein after a public hearing at which the permittee shall have an opportunity to be heard and present evidence. Notice of the Town Board's intent to revoke, modify, or suspend a permit, stating the alleged facts or conduct which appear to warrant the intended revocation, modification or suspension, shall be mailed by first-class mail to the address of the permittee as given in accordance with § 87-11A(1) of this chapter no later than 15 calendar days before the public hearing. Nothing in this section shall prohibit Town action without prior notice in the event of an actual or threatened emergency which poses a threat to the public health, safety and welfare.
E.
Such permit may be revoked, modified or suspended by
the Town Board after the permittee is given an opportunity to be heard. Grounds
for revocation, modification or suspension are materially false or inaccurate
statements in the permit application or supporting papers; failure by the
permittee to comply with the terms or conditions of the permit; exceeding
the scope of the project as described in the permit application; newly discovered
material information or a material change in environmental conditions, relevant
technology or applicable law or regulations since the issuance of the existing
permit; or noncompliance with previously issued conditions or orders of the
Town Board.
A.
A person who shall operate a facility site for which
a permit is granted hereunder shall be responsible for the operation, management,
and security of said site.
B.
No disposal facility shall employ ash or ash residue
of any kind as daily cover.
C.
The area designed to be used as a solid waste management
facility at which any type of disposal occurs, including associated buildings,
utilities, construction staging areas, and other appurtenant physical features
and buffer areas, shall be:
(1)
No less than 1,000 feet from active farm land.
(2)
Not within and no less than 1,000 feet from the boundary
of an Agricultural District.
(3)
No less than 1,000 feet from any aquifer or adjacent
recharge area, as determined by the DEC Division of Water.
(4)
No less than 1,000 feet from the first water bearing
unit.
(5)
No less than 1,000 feet from the boundary of the one-hundred-year
floodplain.
(6)
No less than 1,000 feet from any wetland, water body,
or watercourse.
(7)
No less than 1,000 feet from any public water wellhead.
(8)
Not within and no less than 1,000 feet from the boundary
of any residential zoning district.
D.
The area designed to be used as a solid waste management facility at which disposal does not occur, including associated buildings, utilities, construction staging areas, and other appurtenant physical features and buffer areas, shall be as stated in Subsection C of this section except that the distances for separation or buffers required by Subsections C(1) through (8) in each instance shall be 500 feet.
E.
The area designed to be used as an incinerator, including
associated buildings, utilities, construction staging areas, and other appurtenant
physical features and buffer areas, shall be, in addition to the requirements
of Section C of this section:
(1)
No less than 1,000 feet from any public or private school,
hospitals, nursing homes or medical facilities.
F.
The applicant shall execute a document binding itself,
its successors, assigns and parent corporations or entities to indemnify and
hold harmless the Town of Albion for any costs associated with the investigation,
monitoring, removal, cleanup and/or remediation arising out of the operation
of any solid waste management facility, including liability for such activities
under current or future state or federal law or private civil legal action.
The Town Board may impose such financial security requirements as it determines
are necessary, including but not limited to closure and post-closure funds
and liability insurance.
G.
The slope of any facility shall be no steeper than 4:1.
The height of any facility shall not exceed 90 feet measured from its highest
point to its base, except the height of a construction and demolition debris
landfill where construction and demolition debris is employed for reclamation
purposes shall not exceed five feet above the original level of the property
prior to excavation operations.
H.
The area designated to be used for facility purposes
shall be enclosed with a suitable fence and entrance gate to contain blowing
papers and to secure the area during nonoperational hours. All unloading of
solid waste shall be conducted in such a manner as to eliminate odor and litter
outside of the facility. Such litter and odor outside of the facility that
are detectable at the nearest residence or commercial establishment will automatically
require a temporary suspension of the permit, until the violation is remedied.
I.
Refuse shall not be unloaded when weather conditions,
e.g., high winds, make it probable that the litter may be carried beyond the
limits of the facility.
J.
At the discretion of the Town Board, baseline testing
and surface water monitoring systems shall be required at any proposed or
existing facility, at the permittee's expense.
K.
Recyclable items, e.g., glass, aluminum, newspaper, etc.,
shall not be deposited in any disposal facility. Such items shall be removed
from any deposits of refuse by the permittee and delivered to any appropriate
recycling center for disposal.
L.
Reclamation. As part of any permit for a solid waste
management facility where disposal will occur, the Town Board shall adopt
a reclamation plan. Where applicable, the Town Board may, in its sole discretion,
adopt the reclamation plan approved by the DEC, plus such additional measures,
if any, which the Town Board in its sole discretion deems necessary to accomplish
the goals of this chapter.
M.
Prior to the issuance of a permit, the Town Board may
require the applicant to execute and file with the Town Clerk a reclamation
bond, approved as to form by the Town Attorney and in an amount to be affixed
by the Town Board, with a surety company licensed in New York State as surety
and conditioned upon the faithful performance of the conditions contained
in this chapter and the observance of the all other Town ordinances and local
laws, to indemnify the Town of Albion for any damage to Town property, and
to insure the reclaiming of the affected land in accordance with the reclamation
plan adopted under this section, and to protect against all claims, including
attorneys' fees, damages, costs and judgments arising from the performance
of any solid waste management activity. In the event of a default, such bond
shall be forfeited to the Town of Albion.
N.
The Town of Albion reserves the right to promulgate rules
and regulations applicable to permittees and the operation of facilities consistent
with this chapter in order to clarify its terms and/or to monitor compliance
with its provisions and/or promote enforcement thereof. Violation of any such
rules and regulations shall be a violation of any of the provisions of this
chapter.
O.
Variances from the requirements of this section may be
granted by the Town Board, upon a demonstration of unnecessary hardship due
to unique circumstances not caused by the applicant, at the sole discretion
of the Town Board, only upon a supermajority (majority plus one of all seats,
regardless of whether then vacant) of the Town Board. No variance shall be
granted if the site in question could yield a reasonable return if used for
other purposes allowable under Town law. No variance shall be granted to allow
a facility or operation otherwise prohibited by this chapter.
P.
These general regulations shall apply to all solid waste management facilities. To the extent that these general regulations refer specifically to a type of facility that is prohibited by § 87-9A, the purpose of these regulations is to provide guidance should any portion of the prohibition be invalidated as discussed in § 87-9B.
A.
All violations of this chapter or any of its regulations
or provisions, shall be deemed Class A misdemeanors, punishable by a fine
not exceeding $5,000 or imprisonment not exceeding one year, or both. Each
and every day that a violation of this chapter is permitted to exist shall
constitute a separate offense. Each and every provision of this chapter that
is violated shall constitute a separate offense.
B.
Any violation of this chapter or regulations or provisions
thereof shall create a liability to the people of the Town for civil penalty
not to exceed $5,000, to be determined after a hearing or opportunity to be
heard, upon due-notice and with the right to specification of the charges
and representation by counsel at such hearing. Each and every day that a violation
of this chapter occurs or continues shall constitute a separate violation
for purposes of civil liability.
C.
Upon any violation of this chapter by any person, the
Town shall be entitled to obtain an injunction against such persons prohibiting
further violations and, in addition, ordering that any solid or liquid waste
disposed or stored in violation hereof be removed from the Town, and ordering
that any land on which solid or liquid waste is disposed of in violation of
this chapter be restored as nearly as possible to its former condition by
the removal of any waste illegally disposed of and by such other restorative
measures as are available, and further ordering that the operator remedy any
effects of the violation of surrounding or adjacent properties or resources,
including, without limitation, air, trees, crops, water bodies, wetlands and
groundwaters, at the sole cost of the operator or owner.
D.
Any person who has been found by a judicial tribunal of the State of New York to have intentionally violated this chapter shall, in addition to the provisions found in Subsections A and B, be liable to reimburse the Town and citizens of Albion for its costs and expenses associated with bringing a particular prosecution to enforce this chapter, including, but not limited to, its reasonable attorney fees.
E.
The Town of Albion shall have the authority to appoint
an Enforcement Officer(s) authorized to act on behalf of the Town of Albion
to enforce the provisions of this chapter. Any peace officer, the Town Supervisor,
and members of the Town Board or their duly authorized representatives shall
be granted access to any facility site permitted hereunder to inspect the
same for compliance herewith, upon reasonable notice, and without prior notice
in the event of an actual or threatened emergency which poses a threat to
the public health, safety and welfare.
Sections 3C, D, H, I, J, K, and L, 7, 10, 14, 15 and 16 of Chapter 49 of the Code of the Town of Albion, which was originally adopted by ordinance on September 21, 1981, and amended by Local Law No. 1 of 1990 and Local Law No. 2 of 1990, are hereby repealed in their entirety. All other ordinances and local laws or parts thereof in conflict herewith are superseded by this chapter; provided, however, that the provisions of this chapter shall not be interpreted as obviating any requirements or restrictions wherever it is possible to conform to the provisions of both this chapter and any other law or ordinance. Further, the specific terms, conditions and limitations contained in any existing permit or approval for any facility governed by this chapter, to the extent said specific terms, conditions and limitations are more restrictive than the provisions of this chapter, shall continue in full force until a permit under this chapter shall be issued by the Town Board.
If any part of this chapter shall be judicially declared to be invalid, void, unconstitutional, or unenforceable, all unaffected provisions hereof shall survive such declaration, and this chapter shall remain in full force and effect as if the invalidated portions had not been enacted. Furthermore, if this chapter, in its entirety, is judicially declared to be invalid, void, unconstitutional or unenforceable, then the repeal of Sections 3C, D, H, I, J, K, and L, 7, 10, 14, 15 and 16 of Chapter 49 of the Code of the Town of Albion, shall be nullified and that law shall be automatically reinstated and become fully effective.
This chapter shall become effective when it is filed with the Secretary
of State pursuant to the Municipal Home Rule Law.
