Operation of every solid waste management facility shall be under the
responsible charge of a person who has attended and successfully completed
a course of instruction in solid waste management procedures relevant to the
facility at which he is employed, such course to be provided or approved by
the New York State Department of Environmental Conservation.
The following are general requirements for all solid waste management
facilities. Any person who designs, constructs, maintains or operates any
solid waste management facility shall do so in conformance with the requirements
of this subsection, and all applications for permits pursuant to this chapter
shall demonstrate specific means proposed for compliance herewith.
A. Solid waste shall not be deposited in and shall be prevented
from entering surface waters or groundwaters.
B. Solid waste management facilities shall not be placed
on agricultural land designated Class I and/or Class II land (Land Classification
System as certified by the Commissioner of Agriculture and Markets of the
State of New York) if such land is being actively used as cropland within
an agricultural district formed pursuant to the Agriculture and Markets Law.
C. Leachate from a solid waste management facility shall
not be allowed to drain or discharge into surface waters except pursuant to
a State Pollutant Discharge Elimination System permit issued by the New York
State Department of Environmental Conservation, and shall not contravene groundwater
quality standards established by said Department.
D. Salvaging, if permitted by the facility operator, shall
be controlled by the facility operator within a designated salvage area and
shall not interfere with facility operation nor create hazards or nuisances.
E. Access to facilities shall be permitted only when an
attendant is on duty.
F. The attendant shall monitor all incoming vehicles to
determine whether they contain hazardous wastes, sludge or septage.
G. Solid waste management facilities shall operate only
from the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, and from
7:00 a.m. until 12:00 noon on Saturday.
H. Access to and use of the facility shall be controlled
by fencing, gates, signs or other suitable means.
I. Blowing papers and litter shall be confined to solid
waste holding and operating areas by fencing or other suitable means. Solid
waste shall not be accepted at a solid waste management facility unless the
waste is appropriately covered or confined in the vehicle transporting the
waste to prevent blowing papers and litter.
J. Vectors, dust and odors shall be controlled by effective
means so that they shall not constitute nuisances or hazards to health, safety
or property.
K. On-site roads used to transport solid wastes shall be
maintained passable and safe at all times.
L. Safety hazards to all persons on the facility shall be
minimized.
M. The operations of a solid waste management facility shall
not cause excessive sound levels beyond the property line at locations either
in use for residential purposes or permitted to be used for residential purposes
by a zoning law of the Town of Goshen. The sound levels shall be measured in accordance with the solid
waste guidelines of the New York State Department of Environmental Conservation.
N. Adequately heated and lighted shelters for operating
personnel shall be provided for the facility. A safe drinking water supply,
sanitary toilet facilities and telephone or radio communication shall also
be provided.
O. Adequate numbers, types and sizes of properly maintained
equipment shall be available to the facility during all hours of operation.
P. Shelter for mobile equipment shall be provided for routine
maintenance and repair.
Q. Open burning shall be prohibited.
R. Solid waste shall be confined to an area which can be
effectively maintained, operated and controlled.
S. Reports on forms acceptable to or provided by the Town
Board shall be submitted at a frequency specified in the operation permit.
T. Facilities shall be maintained and operated so as to
function in accordance with the permit issued pursuant to this chapter and
the designed and intended use of the facility. Equipment in use at each facility
shall be maintained to operate effectively. Contingency plans approved by
the Town Board for emergency situations shall be implemented in accordance
with the plans' terms.
U. Solid waste management facilities shall not be operated
or constructed on floodplains.
V. The owner or operator of any active or inactive facility, either with or without a permit under this chapter, shall, upon termination of use, properly close and maintain such facility, in accordance with the requirements of NYSDEC so as to prevent adverse environmental or health impacts such as, but not limited to, contravention of surface or ground water quality standards, gas migration, odors and vectors. Permanent termination of use shall include those situations where a facility has not received solid waste for more than one year, where a permit has automatically expired pursuant to §
80B-10F of this chapter, and termination of use resulting from permit denial, order of the Commissioner of Environmental Conservation of the State of New York, the Town Board, Town Building Inspector or of a court. Specific closure measures are subject to approval of the Town Board. In the case of landfills, minimum closure measures shall include at least two feet of final cover, an established grass cover crop and sufficient grading to direct water off the fill area so as to minimize infiltration and preclude ponding.
In addition to all the requirements set forth in New York State law
or regulations and this chapter, the owner or operator of a recyclables handling
and recovery facility must operate in compliance with the following:
A. All activities at the facility must be performed in accordance
with the manuals, plans and programs prepared by the applicant pursuant to
Section 6 NYCRR 360-12.3 and required by this chapter and approved by the
Town. All manuals, plans and programs required by this chapter must be maintained
and be available for reference and inspection at the facility. These manuals,
plans and programs must be updated at least annually. No facility shall begin
operations unless all manuals, plans or programs required by this chapter
are first approved by the Town.
B. Receipt and handling of recyclable material:
(1) External storage of any recyclable material is prohibited
due to the potential threat to health and safety of the residents of the Town
of Goshen that external storage represents, including contamination of water
supplies and threat of fire.
(2) No person shall store recyclable material inside the
facility in such a manner that the storage area or recyclable material becomes
a nuisance or a sanitary or environmental problem.
(3) All recyclable material storage, handling and tipping
areas must include fire detection and protection equipment as required by
the New York State Uniform Fire Prevention and Parts Building Code (9 NYCRR
600-1400).
(4) All recyclable material passing through the facility
must ultimately be recycled or be disposed of at a solid waste management
facility authorized by the New York State Department of Environmental Conservation
as required by Section 6 NYCRR Parts 360-375 (Solid Wastes), if in this state,
or by the appropriate governmental agency or agencies if in other states,
territories or nations.
(5) Putrescible solid waste shall not be stored indoors for
more than one day.
C. Access. The owner or operator must restrict the presence
of and must minimize the possibility for any unauthorized entry onto the facility.
A description of the security measures must be provided and must include,
but not be limited to, a means to control entry at all times through the gates
or other entrances to the facility (as by a twenty-four-hour surveillance
system which continuously monitors and controls entry, or an artificial or
natural barrier). Signs, legible from a distance of at least 25 feet, that
read "Visitors and unauthorized personnel must report to the office," also
must be posted at each entrance to the facility and at other locations, in
sufficient number to be seen from any approach to the facility. In the case
of facilities allowing local residents to bring and dispose of their solid
waste, a designated area to do so must be provided in order to minimize potential
accidents and unauthorized entry.
D. Compliance and operational reports. In addition to the
requirements of Subdivisions 360-1.4(c) and 360-1.14(j) of 6 NYCRR Part 360,
the facility owner or operator also must comply with the reporting requirements
contained in 6 NYCRR 360-12.4(E).
E. The owner or operator must comply with all facility closing
requirements described in Subdivisions 360-3.4(h) and 360-12.3(f) of 6 NYCRR
Part 360.