A.
No person shall:
(1)
Initiate construction or modification of a solid waste
management facility except in accordance with a valid construction permit
issued to such person by the Town Board pursuant to this chapter.
(2)
Operate a solid waste management facility except in accordance
with a valid operation permit issued to such person by the Town pursuant to
this chapter.
B.
The permits required by this chapter shall be in addition
to any land use permits which are required by the Town Zoning Law and Subdivision
Regulations[1] to be obtained from the Town Planning Board. No permit issued
by this chapter shall become final unless and until 45 days after all permits
required by the New York State Department of Environmental Conservation and
Town of Goshen land use permits have been granted.
A.
General. Any person who is required to have a construction
or operation permit shall make application for such permit consistent with
this chapter. The Town Board shall comply with the provisions of the State
Environmental Quality Review Act under Article 8 of the Environmental Conservation
Law and its implementing regulations. An application for approval of a construction
or operation permit under this chapter shall constitute a Type 1 action.
B.
Existing facilities; operation permits.
(1)
A complete application, timely submitted pursuant to
this subsection, shall be deemed a temporary permit until such application
is acted upon.
(2)
Every application pursuant to this subsection shall, in addition to complying with Subsection D of this section, include a detailed report describing the plan of operation and a contingency plan setting forth in detail the applicant's proposal for corrective or remedial action to be taken in the event of equipment breakdowns, ground- or surface water or air contamination attributable to the facility's operation, fires, explosions and spills or releases of hazardous or toxic materials. In addition, every application submitted pursuant to this subsection shall reasonably demonstrate that the subject solid waste management facility meets the standards of operation set forth in § 80B-14 of this chapter, and all state and federal laws and regulations, relative to such facility, by demonstrating specific means for meeting such standards, unless the following condition is fulfilled: a reasonable schedule of specified remedial action, with interim and final attainment dates, for achieving compliance with the standards of operation set forth in § 80B-14 of this chapter and in all state and federal laws and regulations applicable to such facility is submitted by the applicant to the Town Board (within 30 days from notification by the Town Board that such schedule is required, or such longer period as the Town Board may grant) and such schedule is approved by the Town Board.
C.
Proposed facilities and modifications to existing facilities.
(1)
Construction permits.
(a)
Proposed facilities. A person proposing to construct
a solid waste management facility shall submit to the Town Board, on forms
provided by the Town Board, a complete application for a construction permit.
(b)
Proposed modifications to existing facilities. Any person proposing to modify the use of a solid waste management facility in a manner which is not reflected in either a construction permit or operation permit issued pursuant to this chapter shall submit to the Town Board, on forms provided by the Town Board, a complete application for a construction permit reflecting such proposed modification. Among the acts constituting modification to which this Subsection C(1)(b) applies are the following:
[1]
Expansion of the facility by the acquisition, by purchase,
lease or otherwise, of additional land which has not been the subject of any
application under this chapter.
[2]
Movement of the disposal operation to a portion of property
already owned, leased or otherwise held by such person, but which has not
been the subject of any application under this chapter.
[3]
Increase of the total quantity of solid waste received
during any quarter at the facility by 10% or more over the total quantity
of solid waste received during the comparable quarter of the preceding year,
except where such increase is not in excess of the approved design capacity
of the facility for such time period.
[4]
Expansion of the facility by the installing of additional
processing equipment which increases the approved design capacity of the facility
or changes the facility process.
[5]
Addition of any solid waste stream or solid waste type
not previously approved or any changes in solid waste type accepted at the
facility other than for resource recovery facilities.
(c)
Application. In addition to complying with Subsection D of this section, applications submitted pursuant to this subsection shall be accompanied by detailed engineering plans and specifications reflecting construction of the proposed facility and specific means for meeting the standards of § 80B-14 of this chapter and all state and federal laws and regulations applicable to such facility.
(2)
Operation permits.
(a)
Proposed facilities and modifications to existing facilities. Concurrent with any application for a construction permit pursuant to Subsection C(1) of this section, the applicant shall submit an application for an operation permit under this subsection.
(b)
Proposed modifications of facility operations. Any holder
of an operation permit who proposes to modify any phase of operations at the
solid waste management facility covered by such permit shall submit to the
Town Board an application for modification of such operation permit.
(c)
Application. In addition to complying with Subsection D of this section, applications pursuant to this subsection shall include:
[1]
A detailed report describing the proposed plan of operation, including demonstration of specific means for meeting the standards of § 80B-14 of this chapter and all state and federal laws and regulations applicable to the operation of such facility;
[2]
A contingency plan setting forth in detail the applicant's
proposal for remedial and/or closure action to be taken in the event of equipment
breakdowns, ground- or surface water or air contamination attributable to
the facility's operation, fires and spills or releases of hazardous or toxic
materials;
[3]
An ecological and health assessment of the effects of
the proposed activity; and
[4]
A fitness statement demonstrating the ability of the
applicant to meet and maintain the conditions of a permit.
D.
Form and content of applications generally.
(1)
Applications submitted pursuant to this chapter shall
be accompanied by such data as the Town Board may reasonably require for the
purpose of fulfilling its responsibilities under this chapter. In the case
of a permit application for which an environmental impact statement, pursuant
to Article 8 of the Environmental Conservation Law of the State of New York,
must be prepared, such statement shall include a description and evaluation
of the status of the proposed activity in light of the New York State Solid
Waste Management Plan and the Orange County Solid Waste Management Plan in
effect on the date of the application.
(2)
Applications submitted pursuant to this chapter shall
comply with the following:
(a)
All applications shall be made on forms which the applicant shall obtain from the Clerk of the Town and shall be submitted to said Clerk. Applicants may submit a copy of the NYCRR Part 360 permit application, provided that it bears an original signature of an authorized party as required by this section and is accompanied by a cover sheet listing the additional supplemental attachments required of applications by this chapter, together with a detailed statement demonstrating compliance with each and every applicable provision of § 80B-9.
(b)
All applications shall be accompanied by evidence satisfactory
to the Town Board that all permits required for the construction or operation
of a solid waste management facility that may be required under applicable
state and federal laws and regulations have been obtained by the applicant.
(c)
Engineering plans, reports and specifications submitted
for approval shall be prepared by a person or firm registered to practice
professional engineering in the State of New York and shall be in complete
accordance with the guidelines set forth in this chapter and state and federal
laws and regulations applicable to such facility.
(d)
The location of property boundaries shall be certified
by a person or firm registered to practice land surveying in the State of
New York, or a professional engineer having the exemption authorized under
Subdivision m of § 7208 of the Education Law of the State of New
York.
(e)
The applicant shall include a detailed program for closure
of the facility proposed for implementation when use of the facility permanently
terminates.
(f)
A site plan at a scale of one inch equals 50 feet or
a scale less to the inch containing the following information must be submitted
to the Town Board for approval:
[1]
The description of the site including:
[a]
Preliminary engineering plans with elevations showing
the use, location and dimension of proposed buildings and land areas, driveways,
driveway intersections with street parking areas, maneuvering areas, utilities
and utility easements and signs; and
[b]
A storm drainage and grading plan regarding proposed
handling of surface water runoff and erosion control with existing and proposed
contours and drainage routes.
[2]
Type and quantity of materials to be disposed of or processed
at the site.
[3]
The manner of disposal of material.
[4]
Nature of soils at the site.
[5]
Depth of water table at the site.
[6]
Location, nature and size of aquifers at the site.
[7]
Direction of present and historic groundwater flows at
the site.
[8]
Location, nature and size of all surface waters at and
near the site.
[9]
Levels of contaminants, if any, in groundwater, surface
water, air and soils at and near the site resulting from wastes previously
disposed of at the site or from any other cause and areas known to be directly
affected or contaminated by wastes from the site.
[10]
Latest analysis of all drinking water drawn from or distributed
through the area in which the site is located when the New York State Department
of Health, County Department of Health or a state certified laboratory determines
that water quality may have been affected by the site in question, including
any known change in the quality of drinking water over time.
[11]
Proximity of the site to private residences, public buildings
or property, school facilities, places of work or other areas where individuals
may be present.
[12]
Any place of temporary storage used or to be used by
the applicant and the place or places where and the manner in which the applicant
will finally dispose of any wastes.
[13]
A detailed listing of potential impacts to properties,
homes and people within one square mile of the site with regard to odor, noise,
health, traffic, dust, litter, vectors, soil, groundwater and visual quality.
[14]
Such other information as the Town Board deems necessary.
(3)
Signature and verification of applications.
(a)
All applications for permits shall be accompanied by
evidence of authority to sign the application and shall be signed by the applicant
as follows:
[1]
In the case of corporations, by a duly authorized principal
executive officer of at least the level of vice president.
[2]
In the case of a partnership, by a general partner.
[3]
In the case of a sole proprietorship, by the proprietor.
[4]
In the case of a municipal, state or other governmental
entity, by a duly authorized principal executive officer or elected official.
(b)
Applications shall be sworn to be or on behalf of the
applicant in respect to all statements of fact therein or shall bear an executed
statement by or on behalf of the applicant as provided in § 210.45
of the Penal law of the State of New York, to the effect that false statements
made therein are made under penalty of perjury.
(4)
Acceptance of complete applications. Within 45 days of
the receipt of the application by the Town Clerk, the Town Board shall notify
the applicant, in writing, whether or not the application is complete in accordance
with the requirements set forth in this section. If the application is deemed
to be incomplete, such notice shall specify the items required to be submitted
to complete the application.
E.
Referral to other Town agencies.
(1)
Within five days after the Town Board determines that
an application is complete, it shall refer the application to the Planning
Board of the Town for report. The Town Board shall not take any action on
any application without any such report from the Planning Board unless the
Planning Board fails for any reason to render a report within 45 days after
its regularly schedule meeting following the date of such referral.
(2)
Within five days after the Town Board determines that
an application is complete, except as to compliance with the State Environmental
Quality Review Act, the Board shall refer the application to the Environmental
Review Board (the "ERB") of the Town. The ERB shall assist the Town Board
in reviewing the EAF, providing the recommended scope of the DEIS, advising
the Board as to completeness of the DEIS and assisting in the preparation
of the FEIS.
(3)
A permit to operate shall be issued only if the applicant
demonstrates to the Town's satisfaction that:
(a)
The facility's construction is according to the terms
of the permit to construct and operate (and plans approved thereunder) issued
pursuant to this chapter;
(b)
Certification of construction by DEC has been submitted
in accordance with Section 6 NYCRR 360-1.11 and the Town has inspected the
facility and finds it to be in compliance with the permit to construct and
operate (and plans approved thereunder);
(c)
An environmental impact statement pursuant to Article 8 of the Environmental Conservation Law of the State of New York and Chapter 58 of the Town Code must be prepared and reviewed by the Town Environmental Review Board as adequate as to scope;
(d)
A form of insurance, surety or financial responsibility,
as required by this chapter, has been filed with the Town;
(e)
The proposed facility will be in full compliance with
all applicable laws, rules and regulations of the State of New York in effect
on the date of submission of the permit application and on the date of the
approval, including the requirements of this chapter;
(f)
There has been opportunity for public review and comment.
(4)
The Town Board may impose such permit conditions as it
deems necessary to protect the environment, the proposed site and the health,
safety and general welfare of the Town of Goshen, including, but not limited
to, conditions pertaining to the payment of host community fees, hours of
operation, lighting, sound barriers and landscaping of the facility.
F.
Town Board actions. Within 180 days of the date of the
notification to the applicant that his application is complete, the Town Board
shall either approve the application and issue the appropriate permit or disapprove
the application.
A.
Publication and posting of notice of hearing. A public
hearing shall be held by the Town Board after the receipt of a completed application
and before action is taken to either approve the application and issue the
appropriate permit or disapprove the application. Such hearing shall be advertised
at least once in two newspapers of general circulation in the Town of Goshen
and a notice of hearing posted in at least three prominent places at least
10 days before such hearing.
B.
Mailing notice of hearing. In addition to the notice
above provided, the Town Board shall cause copies of the notice of said public
hearing to be mailed, at least 10 days before such hearing, to the owners
of all property, lying within a distance of 1,500 feet from the boundary of
the existing or proposed facility which is the subject of the application.
Such notice shall be addressed to the owners of said property as their names
appear on the latest completed assessment roll for the Town.
A.
Criteria for construction permits for proposed facilities
and modification to a facility. No permit shall be issued for the construction
of a solid waste management facility or for the modification of a solid waste
management facility unless:
(1)
The proposed facility or facility proposed to be modified
is located entirely within an I (Industrial) District of the Town of Goshen,
as said district is delineated on the Zoning Map of the Town of Goshen;
(2)
The proposed facility or facility proposed to be modified
shall adjoin the right-of-way of an existing state highway or county road
and permits shall have been obtained by the applicant from the state or county,
as the case may be, and submitted with the application, granting access from
the facility to such highway or road;
(3)
The Town Board has approved the engineering data and
construction plans; and
(4)
The Town Board shall find that the location and size
of the facility, the nature and intensity of its operations involved in or
conducted in connection therewith and its site layout will be in harmony with
the appropriate and orderly development of the zoning district in which it
is proposed to be situated and will not be detrimental to or hinder the orderly
development of the surrounding neighborhood in accordance with the zoning
classification of the properties in such neighborhood.
B.
Additional criteria applicable only to construction permits
for proposed facilities. No permit shall be issued for the construction of
a solid waste management facility unless such facility contains not less than
10 and not more than 50 acres of land.
C.
Additional criteria applicable only to construction permits for certain modifications to a facility. No permit shall be issued for the modification of a solid waste management facility which is to consist of either of the acts set forth in § 80B-7C(1)(b)[1] or [2] of this chapter, if the modified facility, including the existing facility, will contain more than 50 acres of land.
D.
Limitation on Town land area used for solid waste management
facilities purposes. Notwithstanding anything to the contrary contained in
this section, no permit shall be issued for the construction of solid waste
management facilities or the modification to such a facility if the amount
of land comprising the proposed or modified facility, when added to land comprising
all other existing and closed solid waste management facilities within the
Town of Goshen, including that owned by the County of Orange, shall exceed
300 acres.
E.
Criteria for the issuance of operation permits.
(1)
Existing facilities. An operation permit for a solid waste management facility in operation on the effective date of this chapter shall be issued by the Town Board only if the facility has been demonstrated to be capable of compliance with the standards of operation set forth in § 80B-14 of this chapter.
(2)
Proposed facilities. An operation permit shall be issued for a proposed solid waste management facility only if construction thereof is demonstrated to be in accordance with the terms of the construction permit (and plans approved thereunder) issued pursuant to this chapter, and certification of construction has been submitted in accordance with § 80B-10 of this chapter.
F.
Disapproval of application. If an application for a construction
or operation permit is disapproved, the Town Board shall notify the applicant,
in writing, of the reasons therefor.
A.
The provisions of each permit issued pursuant to this chapter shall ensure that the permitted activity will have no significant adverse impact on public health, safety or welfare, the environment or natural resources, and that such activity will comply with the design and operation standards set forth in § 80B-14 of this chapter. To provide such insurance, the Town Board may impose conditions in such permits, including sampling, monitoring and reporting requirements.
(1)
The Town Board shall review the application and any additional
information and, after a public hearing shall approve, approve with modifications
or disapprove the application upon determining the following objectives are
met:
(a)
Compliance with the criteria of this chapter.
(b)
A harmonious relationship between the uses located in
adjacent districts as reflected in the Comprehensive Plan as recommended by
the Planning Board.
(c)
The maximum safety of vehicular access and egress from
the site to existing and prospective streets and highways as recommended by
the Planning Board.
(d)
The maximum adequacy of interior circulation and parking
facilities with particular attention to vehicular and pedestrian safety as
recommended by the Planning Board.
(e)
The adequacy of transitional landscaping and setbacks
for achieving maximum compatibility and protection to adjacent property as
recommended by the Planning Board.
(f)
The maximum adequacy of the facility's environmental
safeguards for protecting the local environment and adjacent property and
as recommended by the Town of Goshen Environmental Review Board.
B.
All permits issued pursuant to this chapter shall be
transferable only upon prior written approval of the Town Board.
C.
Operation permits shall have a duration fixed at the discretion of the Town Board for a period not to exceed five years. Operation permits shall contain the requirements for closure and maintenance of the facility as established by the Town Board, pursuant to § 80B-14V of this chapter.
D.
Construction permits for all solid waste management facilities
shall have a duration fixed at the discretion of the Town Board and construction
shall be completed pursuant to the permit within that duration.
E.
The construction of facilities pursuant to a construction
permit shall be under the supervision of a person or firm registered to practice
professional engineering in the State of New York. Upon completion of construction,
written certification will be made by said firm or person that the construction
is in accordance with the terms of the construction permit (and approved plans
thereunder). Such certification shall be submitted to the Town Board within
three months after completion of construction. The Town Board may require
as-built plans to support certification.
F.
In the event that construction or operation activities
pursuant to a construction or operation permit issued pursuant to this chapter
cease for a period of 12 consecutive months, such permit shall automatically
expire on the anniversary date of the cessation, except that there shall be
no automatic expiration when such cessation of construction or operation is
attributable to factors beyond the reasonable control of the permit holder,
as determined by the Town Board.
G.
Activities performed pursuant to any permit issued pursuant
to this chapter are subject to inspection by representatives of the Town during
normal business hours. Town representatives, upon presentation of their credentials
or letters of authorization signed by the Supervisor of the Town, shall be
authorized to enter upon premises of any facility covered by a permit issued
pursuant to this chapter, or where records required to be kept pursuant to
such a permit are located, for the purpose of determining such facility's
status of compliance with the permit and with this chapter.
H.
Receipt of a permit pursuant to this chapter shall not
relieve any person of the responsibility of constructing and operating the
facility in full compliance with all applicable laws, rules or regulations
or of operating the facility in full compliance with all applicable laws,
rules and regulations of the State of New York and the Town of Goshen in effect
on the date of approval of the permit.
A.
Any permit holder who intends to continue construction
or operation beyond the period of time covered in such permit must file for
reissuance of such permit. In the case of a construction or operation permit,
such filing shall be made not less than 90 days before the expiration of said
permit. Filing for reissuance shall be made by the permit holder on forms
authorized by the Town Board. The provisions of this chapter relative to submittal
and processing of initial applications shall apply to reissuance applications
under this section to the extent indicated by the Town Board in instructions
accompanying reissuance application forms.
B.
Upon review of a reissuance application, the Town Board
shall determine whether the permittee is in compliance with or has substantially
complied with all the terms, conditions and requirements of the expiring permit
and of this chapter.
(1)
If the Town Board determines in the affirmative hereunder,
the permit may be reissued.
(2)
If the Town Board determines in the negative hereunder
or if other circumstances exist which indicate noncompliance with any provisions
of this chapter or of the Environmental Conservation Law of the State of New
York, the Town Board shall take appropriate action to secure compliance, including,
but not limited to, a denial of reissuance.
B.
This insurance must be maintained throughout the term
of the permit issued by the Town of Goshen and for a three-year additional
period after termination of the permit. The certificates of insurance shall
provide for 30 days' notice of the Town prior to cancellation of coverage.
C.
Failure of the applicant to maintain the insurance coverage
shall result in immediate termination of the Town permit.
D.
Surety requirements.
(1)
The Town may require a form of surety or financial responsibility
acceptable to the Town by a permit holder, conditioned upon compliance with
the terms of the permit issued to the holder pursuant to this chapter.
(2)
Several and separate forms of surety or financial responsibility
acceptable to the Town will be required for facilities where the operator
and the owner are not the same person, to cover the cost of having the facility
properly closed.
(3)
Forms of surety or financial responsibility acceptable
to the Town will be required for claims arising out of injury to persons or
property from pollution or otherwise, relative to either sudden accidental
occurrences or nonsudden and accidental occurrences, in the form of liability
insurance, self-insurance or other form acceptable to the Town. The amount
of the financial responsibility is to be set by the Town.
E.
The applicant's acceptance of the permit from the Town
of Goshen shall be indicative of consent by the applicant to indemnify and
save harmless the Town of Goshen and all officers, agents and employees of
the Town from and against any and all losses, claims, damages, costs, judgments,
lawsuits, expenses, risks of loss or liability of whatever nature arising
out of injuries to persons or property of whatever kind or nature as a result
of operation of the solid waste management facility within the Town of Goshen
which are attributable to the negligence, omission of duty, misfeasance or
wrongful act on the part of the applicant, its employees or agents.
