Town of Cortlandt, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Cortlandt 8-4-1981 as L.L. No. 2-1981. Section 253-11 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Pollution Control Board — See Ch. 81.
Explosives and blasting — See Ch. 161.
Fireworks — See Ch. 171.
Sewers — See Ch. 241.
Solid waste — See Ch. 257.

§ 253-1 Purpose.

The purpose of this chapter is to provide standards for the dumping, storage or other handling of toxic materials, including sludge. It is recognized that recently, regarding the dumping of sludge, the Town of Cortlandt has become the proposed dumping site for Westchester County. Not only has the Croton landfill operation been in existence for many years within the boundaries of the Town of Cortlandt and the Village of Croton, but recently it was proposed that the town become a dump site for sludge materials. This would radically affect the health, safety and welfare of the citizens of the town without any adequate safeguard for the citizens. Realizing this, the town wishes to protect the health, safety and welfare within the town and thus provide methods and means of examining these proposed dumping activities or storage activities before they take place.

§ 253-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
OTHER WASTE
Garbage, refuse, decayed wood, sawdust, shavings, bark, lime, cinders, ashes, offal, oil, tar, dyestuffs, acids, chemicals and all other discarded material which may cause or might reasonably be expected to cause pollution; also water-carried human or animal waste from residences, buildings, industrial establishments or other places, together with such groundwater infiltration and surface water as may be present, and any liquid, gaseous, solid or waste substance, or combination thereof, resulting from any process of industry, manufacturing, trade or business or from the development or recovery of any natural resources, which may cause or might reasonably be expected to cause pollution. It shall also include solid waste, incinerator residue, filter backwash sewage, sewage, sludge, biological materials, heat, discarded equipment, rock, sand, cellar dirt, industrial, municipal and agricultural wastes discharged into waters, solids, residues and settled matter separated from or created in sewage by the treatment process of a publicly owned treatment works. However, heating-oil uses, gasoline storage and separate sewage disposal systems are excluded from regulation under this section.
TOXIC MATERIALS AND HAZARDOUS WASTE
Hazardous or toxic waste as listed under Identification and Listing of Hazardous Waste pursuant to Article 27 of the Environmental Conservation Law of the State of New York.

§ 253-3 Certificate of acceptability; draft environmental impact statement.

A. 
A certificate of acceptability of the Town Board of the Town of Cortlandt shall be necessary in order to operate a new facility or property used for the storage, dumping or other disposition of toxic or hazardous materials or other wastes. An application for the same shall be made in writing to the Town Board of the Town of Cortlandt. The Town Board may refer the application to the Planning Board of the Town of Cortlandt for its review and advisory opinion on the application, if it deems such advisable or necessary. The application shall contain a description of the land to be used for such purposes, including surveys and other descriptive materials as are required by the Town Board and, if referred to the Planning Board, by the Planning Board.
B. 
In addition, this application shall be considered as a Type 1 action under the State Environmental Quality Review Regulations pursuant to Environmental Conservation Law § 8-0113, and specifically Section 617.12 of the Regulations,[1] and shall require the preparation of a draft environmental impact statement. The draft environmental impact statement shall be prepared by the applicant within thirty (30) days of the application to the Town Board, and if the applicant fails to prepare such a statement or notifies the Board that he does not choose to prepare such a statement, the Town Board shall provide the applicant with an estimate of the cost of preparing such a statement based upon the total cost of the project for which funding approval is sought, and the applicant shall pay such costs and shall escrow one-half (1/2) of the estimated amount of such costs with the Town Attorney of the Town of Cortlandt, who shall pay over to the preparer of the draft environmental impact statement application the amounts incurred in preparing, filing and completing the requirements of said application. This shall include hearings and costs to outside agencies for preparation and completion of the application. Where the applicant prepares the draft environmental impact statement and applications, the Town Board may charge a fee for the review of said application.
[1]
Editor's Note: See Section 617.12 of Title 6 of the New York Codes, Rules and Regulations.

§ 253-4 Underground storage facilities.

A. 
New installations. Included in the application must be a description for any new installation to be constructed and how it will afford maximum reasonable protection available against leakage or spillage of any toxic or hazardous material or other waste materials.
B. 
Existing installations. The application must show:
(1) 
Upon leakage, how it would be emptied immediately and removed from service.
(2) 
How replacement would meet new construction standards.
(3) 
How these storage facilities which do not meet the new construction standards would be removed from the ground and either abandoned or upgraded to meet the requirements.
(4) 
Where the existing abandoned tanks and facilities would be located and emptied, filled in or removed and what period of time would be required.
(5) 
What testing requirements would be necessary and how they would be implemented.
(6) 
The type of monitoring and leakage-detention systems which would be provided for the underground storage facility.
(7) 
What procedures would be available for abandonment or removal of the underground tanks or facilities.

§ 253-5 Aboveground storage facilities.

A. 
New installation. The application should show the following:
(1) 
The design, construction and maintenance of the tank or other storage in a manner which will prevent discharge of fluids contained to either the land or surface waters on the property.
(2) 
The construction of impervious dikes surrounding the tanks or other storage facilities as required on other appropriate protective devices.
(3) 
Drainage control from the dike area.
(4) 
Overfill detection system.
B. 
On existing installments, the application should show:
(1) 
How the installments will be brought into conformance with the requirements under Subsection A within a five-year period.
(2) 
Provision for leakage inspection of all tanks.
(3) 
Methods of reporting any leak or unexplained loss of product within two (2) hours of discovery and a requirement that the owner initiate any cleanup and containment thereof.

§ 253-6 Piping, fittings and connections.

A. 
On new installations, the application should show:
(1) 
A proper design, using the best available technology and installed in accordance with plans approved by the Town Engineer of the Town of Cortlandt.
(2) 
A leakage monitoring system.
B. 
Existing installation. The application should show:
(1) 
The type of pressure testing used on all underground pipings whenever underground tanks are to be tested.
(2) 
A schedule for the upgrading of existing piping systems to meet the requirements under § 253-5A.

§ 253-7 Transfer of hazardous materials or other wastes.

A. 
Transfer facility. The application should show:
(1) 
That the design is such as will prevent the escape of any toxic or hazardous materials or other waste into the ground or surface waters.
(2) 
A leakage monitoring system.
B. 
Transfer operations. The application should show:
(1) 
That the drivers of vehicles transporting toxic or hazardous materials or wastes will be responsible for the safe transfer thereof.
(2) 
That the owner of the facility will be responsible for the safe transfer of toxic or hazardous materials or other waste materials into or out of the facility.
(3) 
The road or roads that will be used and the types of trucking, all subject to approval by the Commissioner of Highways of the Town of Cortlandt.

§ 253-8 Portable containers and tanks.

A. 
Storage. The application must show that the toxic waste or hazardous wastes and other waste materials will be stored on a pervious chemical-resistant surface compatible with the matter being stored. It should also show that the storage area is completely enclosed with an impermeable dike. It should show that indoor storage will be required. In the case of any outdoor storage, this will be allowed only upon the written permission of the Town Engineer of the Town of Cortlandt.
B. 
Handling. The applicant should show:
(1) 
That drums for storage may be stacked no more than two (2) high and only on their ends, unless storage racks are used.
(2) 
That all containers must be accessible and available for inspection at any time.
(3) 
That daily inspection by the owner is required, and any indication of leakage or damage must be reported within two (2) hours to the Town Engineer.

§ 253-9 Unauthorized discharge to be reported; cleanup.

The application should show:
A. 
That any unauthorized discharge, spill or recognizable loss of toxic or hazardous waste materials or other waste shall be reported to the Town Engineer in addition to the federal and state authorities within two (2) hours of detection.
B. 
That, upon discharge of the toxic or hazardous waste or other waste material, the owner of the facility must take immediate steps to stop the discharge, reclaim or properly dispose of the discharge materials, restore the environment and repair any physical damage caused by the discharge, explosion or cleanup operations.

§ 253-10 Posting and labeling.

The application should show:
A. 
That storage sites for toxic hazardous wastes or materials or other wastes must be posted with warning notices and safety information.
B. 
That storage facilities and piping must be clearly labeled with the contents near the points of filling and drawing and on the individual aboveground tanks or storage facilities.

§ 253-11 Penalties for offenses.

[Amended 8-17-1993 by L.L. No. 2-1993]
Any dumping or activities without first obtaining a certificate as required under this chapter shall be punishable by a fine not to exceed two hundred fifty dollars ($250.) or up to fifteen (15) days in jail or by a civil penalty not to exceed three thousand dollars ($3,000.). Each day's continuance shall constitute a separate violation.

§ 253-12 Enforcement.

The Building Inspector of the Town of Cortlandt, the town patrolman and other law enforcement agencies shall be responsible for the enforcement of this chapter. This chapter shall be in addition to any other requirements under the Environmental Conservation Law or other laws designed to protect the environment or local laws and ordinances passed for the purpose of protecting the public health, safety and welfare of the town.