This chapter shall be known as and may be cited as the "Industrial Hazardous
Waste Treatment, Storage and Disposal Facilities Law of the Town of Clarence."
This chapter shall apply to all territory within the confines of the
Town of Clarence, excepting any incorporated village.
As used in this chapter, these terms and words shall be defined as follows:
DISPOSAL
The abandonment, discharge, deposit, injection, dumping, spilling,
leaking or placing of any substance so that such substance or any related
constituent thereof may enter the environment. "Disposal" also means the thermal
destruction of waste or industrial hazardous waste, including the treatment
of waste through oxidation, and the burning of such wastes as fuel for the
purpose of recovering usable energy.
EXPAND or EXPANDED
Any modification or change of the terms or conditions of a 6 NYCRR
Part 373 hazardous waste treatment, storage and disposal facility permit and/or
a 6 NYCRR Part 201 air permit issued by the New York State Department of Environmental
Conservation to an existing industrial hazardous waste treatment, storage
and disposal facility to:
A.
Substitute a new or different treatment or disposal process or method
for all or part of the process or method operating at the facility prior to
the application for a change or modification to the permit.
B.
Change, by substitution or addition, the types of waste specified in
the existing permit which can be received by the facility, except that the
application to add a waste stream of the type specified in the existing permit
shall not be considered an application to modify or change any of the terms
or conditions of the existing permit.
C.
Increase the quantity of hazardous waste stored, treated or disposed
of by the facility under the existing permit.
INDUSTRIAL HAZARDOUS WASTE
Any substance meeting the definition of that term under § 27-1101
of the New York State Environmental Conservation Law or any regulations promulgated
thereunder, as such statute and regulations may be amended from time to time.
OPERATOR
Any person who is responsible for the overall operation of an industrial
hazardous waste treatment, storage and disposal facility.
OWNER
Any person who owns an industrial hazardous waste treatment, storage
and disposal facility. "Owner" shall include any person or entity which holds
a greater than ten percent (10%) interest, either directly or indirectly,
in any entity which is the "owner" of an industrial hazardous waste treatment,
storage and disposal facility.
PERSON
Refers to any individual, partnership, public or private corporation,
joint venture, political subdivision, industry, association, firm, trust,
estate, state agency or board or commission or the state or any legal entity
whosoever, to the extent that the Town may lawfully exercise jurisdiction
over such entity.
STORAGE
The containment of industrial hazardous waste, either on a temporary
basis or for a period of years, in such a manner as not to constitute disposal
of such industrial hazardous waste.
TOWN ENGINEER
The person appointed by the Town Board to serve in that position
or, if that position is vacant, such other person or persons designated by
the Town Board to carry out the duties and responsibilities of the Town Engineer
under this chapter.
TREATMENT
Any method, technique or process, including neutralization, designed
to change the physical, chemical or biological character or composition of
any industrial hazardous waste so as to neutralize such waste or so as to
render such waste nonhazardous, safer for transport, amenable for recovery,
amenable for storage or reduced in volume.
The Town Board may grant a special permit for the operation, siting
or expansion of an industrial hazardous waste treatment, storage and disposal
facility only if it finds that:
A. Construction and/or expansion of such facility will not
adversely affect either the environmental quality and/or the health, safety,
general welfare or quality of life of the Town's citizens.
B. Residential areas and contiguous populations will not
be endangered.
C. Construction and operation of such facility would not
be contrary to local zoning or land use regulations in force on the date of
the application.
All ordinances and local laws or parts thereof in conflict herewith
are preempted 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.