[HISTORY: Adopted by the Town Board of the Town of Manchester as
indicated in article histories. Amendments noted where applicable.]
[Adopted at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
This article shall be known as and may be cited as the "Waste Management
Facilities Law of the Town of Manchester."
A.
The Town Board 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,
transfer stations, recycling facilities and incineration facilities. Among
other factors, the Board finds as follows:
(1)
The inability of geological science to precisely ascertain
the existence and flow of groundwater 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.
(2)
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.
(3)
The Town's need for solid and liquid waste disposal are
being met.
(4)
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 impossible to achieve. DEC studies cite disposal facilities as major sources
of water, including groundwater, contamination.
(5)
The Town's existing community character will be adversely
and unalterably impacted by the location and operation of any solid or liquid
waste management facilities within the Town.
(6)
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.
(7)
The Town of Manchester lies in a particularly significant
environmental area; it includes portions of the Canandaigua Outlet's tributaries,
which are important water resources. Also within or near the Town are major
aquifers, along with adjacent recharge areas. The drumlins and wetlands contained
within the Town are a precious ecological resource and are deserving of the
utmost protection.
(8)
These natural 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.
(9)
There are substantial floodplains within the Town. Placement
of solid waste management facilities 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.
(10)
The siting, construction, operation and expansion of
solid waste management facilities within the Town of Manchester will affect
and have an impact upon all Manchester 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 article to promote the public
purposes identified in this article by providing for the proper regulation
and use of solid waste management facilities within the Town. Specifically,
the Town intends by this article to:
(1)
Regulate the siting, construction, operation and expansion
of solid waste management facilities within the Town of Manchester 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.
(b)
Deterioration in property values associated with an adjacent
or proximate solid waste management operation that may interfere with the
orderly development of properties.
(c)
Threats to public health or the environment by contamination
of air, surface water or groundwater.
(6)
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 Environmental
Conservation Law (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 article to restrict, obstruct
or otherwise hinder the continuation of agricultural production. The Town
Board believes that the community is enhanced by the farms that operate within
its boundaries. This article affirms the Town's 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 article 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 article shall be applicable to all areas within
the Town of Manchester, except within the Incorporated Villages of Manchester,
Shortsville and Clifton Springs.
B.
Nothing in this article shall prohibit the Town Board
from entering into an agreement with any facility operator or owner, properly
permitted by this article, concerning host fees or contractual services.
A.
Unless defined below or the context otherwise requires,
the terms and words used in this article shall have the same meanings as those
defined in Article 27 of the Environmental Conservation Law and Title 6, Part
360, of the New York Codes, Rules and Regulations.
B.
6 NYCRR
AGRICULTURAL DISTRICT
APPLICANT
AUTHORIZED REPRESENTATIVE
BOUNDARIES OF A WETLAND, WATER BODY OR WATERCOURSE
(1)
(2)
(3)
COMPLETED APPLICATION
DEC
DISPOSAL
DISPOSAL FACILITY
ECL
EPA
FACILITY
MAJOR MODIFICATION
OPERATOR
OWNER
PERSON
RECYCLING FACILITY
RELATED CORPORATIONS
SEQRA
SOLID WASTE MANAGEMENT FACILITY
TRANSFER STATION
WATER BODY
WATERCOURSES
WETLANDS
As used in this article, these terms and words shall
be defined as follows:
Title 6 of the New York Codes, Rules and Regulations.
A district created under Article 25-AA of the New York State Agriculture
and Markets Law.
The person applying for a permit under this article 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.
The mapped boundaries of wetlands which have been delineated by the
DEC, pursuant to the New York State Environmental Conservation Law, or the
United States Environmental Protection Agency or the United States Army Corps
of Engineers pursuant to the Federal Clean Water Act;
The boundaries for a water body or watercourse defined by state or federal
law or regulation within the Town of Manchester under the authority of any
part of the Environmental Conservation Law or the Federal Clean Water Act
or any regulations promulgated under either of those statutes; or
Any lands or waters which are not so mapped or bounded on which the
principal vegetation is that set forth in Paragraphs (a), (b) or (c) of Subdivision
1 of § 24-0107 of the New York State Environmental Conservation
Law, or which meets the definition in Paragraph (d) therein.
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 Manchester 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.
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 facility where disposal occurs. Recycling facilities and transfer
stations are not disposal facilities.
The New York Environmental Conservation Law.
The United States Environmental Protection Agency.
Any solid waste management facility.
A modification as defined in 6 NYCRR 621.1(m) that the DEC determines
to treat as a new application in accordance with 6 NYCRR 621.13(e).
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 article 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.
A solid waste processing facility, other than a junkyard and collection
and transfer vehicles, at which nonputrescible recyclables are separated from
the solid waste stream or at which previously separated nonputrescible recyclables
are processed.
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 (Environmental Conservation
Law § 8-0101 et seq.) 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.
A solid waste management facility other than a recyclables handling
and recovery facility, used oil facility or a construction and demolition
debris processing facility, where solid waste is received for the purpose
of subsequent transfer to another solid waste management facility for further
processing, treating, transfer or disposal. Transfer of solid waste from vehicle
to vehicle for the purpose of consolidating loads, as part of the initial
collection process, is not considered a transfer station, provided that the
transfer activity occurs along the collection route where the point of transfer
changes from day to day. Transfer of leakproof, closed modular containers
of solid waste from vehicle to vehicle, including truck to train, for the
purpose of consolidating loads for shipment to an authorized disposal or treatment
facility, is not considered a transfer station provided that: the contents
of each container remain in their closed container during the transfer between
vehicles; storage remains incidental to transport at the location where the
containers are consolidated; containers are approved by the DEC and maintained
in a nuisance-free (e.g., dust, odor, noise, etc.) manner; and the transfer
location is under the ownership or control of the transporter.
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.
All lands and waters in the Town of Manchester that: fall within
the definition of "freshwater wetlands" in the New York State Environmental
Conservation Law, as in effect on the date of the enactment of this article,
without respect to whether such lands and waters have been mapped by the Department
of Environmental Conservation, and without respect to size, except that such
lands and waters must have a contiguous area of at least 7,000 square feet;
or fall within the definition of "wetlands" or "navigable waters" promulgated
by the EPA or the United States Army Corps of Engineers pursuant to the Federal
Clean Water Act.
A.
The following are not subject to this article:
(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
ensure compliance with this article. 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 as defined
in 6 NYCRR 360.14.
(5)
Junkyards, to the extent they are regulated by the Code
of the Town of Manchester.
B.
None of the above exemptions shall be construed to permit
any activity contrary to existing or future building codes, zoning codes or
other local or state laws or as exempting any other permit required by state
or local law.
A.
All relevant sections of Article 27 of the ECL and 6
NYCRR Parts 360 to 364 and 617 are deemed to be included within and as part
of this article, and any violation thereof shall be considered to constitute
a violation of this article.
B.
The provisions of this article shall be interpreted in
such a manner as being consistent with state law, except that the more stringent
requirements of this article shall apply.
C.
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 article 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.
D.
Nothing in this article waives the requirement of compliance with any other law, ordinance or resolution of the Town of Manchester; nor does this article authorize what is otherwise prohibited by any other law, ordinance or resolution of the Town of Manchester. References to zoning districts including wellhead protection overlay districts, residential districts, limited development districts, planned development districts and senior citizen housing districts shall have the same meaning as in Chapter 325, Zoning of the Code of the Town of Manchester.
A.
No solid waste management facility shall hereafter be
sited, constructed, expanded, transferred or operated within the Town of Manchester,
except as permitted by this article.
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 § 266-9, shall apply for a permit under this article within 30 days of the effective date of this article. 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 facilities may not be expanded,
constructed or operated within the Town of Manchester:
(1)
Disposal facilities, including, but not limited to, landfills,
sanitary landfills, ashfills, industrial waste landfills, construction and
demolition debris landfills, disposal facilities and monofills, but not including
landfill gas recovery facilities.
(2)
Incinerators.
(3)
Land application facilities.
(4)
Used oil storage, reprocessing and rerefining facilities,
but not including used engine lubricating oil retention facilities as defined
in 6 NYCRR 360.14.
(5)
Waste tire storage facilities.
(6)
Medical waste treatment facilities.
(7)
Composting facilities.
(8)
Construction and demolition debris processing facilities.
(9)
Hazardous waste facilities.
(10)
Surface impoundments.
(11)
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 article and shall be evaluated
in accordance with the application procedures of this article, and unaffected
provisions hereof shall survive such declaration, and this article 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 § 266-11A(16), 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 Manchester 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 obtain pursuant to 6 NYCRR 617.17 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 shall refer any application submitted
to it pursuant to this article to the Manchester Planning Board, and may refer
any such application to other Town committees or boards, for review and report.
The Planning Board and any other committee or board asked to review the application
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 article may be extended by the
mutual consent of the Town and the applicant. Unless otherwise stated, all
time periods within this article 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 Manchester 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, processing, treatment
or 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-ten-percent 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.
(8)
Existing natural features such as water bodies, watercourses,
wetlands, wooded areas, individual large trees, flood hazard areas within
2,000 feet of the area intended for use as a facility, including buffer zones.
(a)
The location of all boundary lines and/or streets and
highways abutting the facility and all dwellings situated within 2,000 feet
of the area intended for use as a facility, including buffer zones.
(b)
The location of any adjoining property boundary within
2,000 feet of the area intended to be used as a facility, excluding buffer
zones.
(c)
Location of any property boundary of an active farm within
2,000 feet of the area intended to be used as a facility, including buffer
zones.
(d)
The location of water wells within 2,000 feet of the
area to be used as a facility.
(e)
Provision for buffer areas and other landscaping.
(f)
Location of all parking and truck-loading areas, showing
access and ingress drives.
(g)
Zoning district and agricultural district boundaries
within 2,000 feet of the area intended for use as a facility, including buffer
zones.
(h)
Grading and erosion control measures including the proposed
location of sediment sink/settling pond and interceptor swales, etc.
(i)
Location and design for stormwater management facilities.
(j)
The topography of the site.
(k)
A soils overlay, if general site grades exceed 10% or
if portions of the site have susceptibility to erosion, flooding or ponding.
(l)
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.
(m)
Perimeter fencing location, type and height.
(n)
Areas to remain undisturbed.
(9)
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.
(10)
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.
(11)
A drainage report including supporting design data and
copies of engineering computations used to determine the design capacities
and performance requirements of drainage facilities.
(12)
A report outlining the vehicular traffic impact of the
project, including recommendations for mitigating such impacts.
(13)
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.
(14)
A United States Army Corps of Engineers federal wetlands
determination for the site and areas within 2,000 feet.
(15)
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 325, Zoning, of the Code of the Town of Manchester. A basic reclamation plan shall include grading and slope treatment, disposal of refuse or soil, drainage and water control features and revegetation and 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 a duly licensed engineer of 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.
(16)
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 article 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 article 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 article.
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.
(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 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 groundwater)
pollution problems from the project.
(13)
Actual and potential 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 article.
D.
Nondiscrimination requirement. In evaluating any application
request or permit condition under this article, 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 article shall favor in-Town interests
over out-of-Town interests nor act to subsidize local interests. No decision
of the Town Board under this article 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.
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 article 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 article shall be transferable
or assignable without the prior written approval of the Town Board. Without
limiting the foregoing, 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, 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.
E.
Such permit may be revoked, modified or suspended by
the Town Board, for the reasons listed in 6 NYCRR 621.14 and in accordance
with the procedures listed therein.
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 2,000 feet from active farmland.
(2)
Not within and no less than 2,000 feet from the boundary
of an agricultural district.
(3)
No less than 2,000 feet from any aquifer or adjacent
recharge area, as determined by the DEC Division of Water.
(4)
No less than 2,000 feet from the first water-bearing
unit.
(5)
No less than 2,000 feet from the boundary of the one-hundred-year
floodplain.
(6)
No less than 2,000 feet from any wetland, water body
or watercourse.
(7)
No less than 2,000 feet from any public water wellhead,
and not within and no less than 2,000 feet from the boundary of any wellhead
protection overlay district.
(8)
Not within and no less than 2,000 feet from the boundary
of any residential zoning district, including limited development districts,
planned development districts with residential uses and senior citizen districts.
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 Subsection C(1) through (8) in each instance shall be 1,000 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 Subsection C of this section:
(1)
No less than 2,000 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 Manchester 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 article.
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 article and the observance of all other Town ordinances and local
laws, to indemnify the Town of Manchester for any damage to Town property,
to ensure 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 Manchester.
N.
The Town of Manchester reserves the right to promulgate
rules and regulations applicable to permittees and the operation of facilities
consistent with this article 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 article.
O.
Variances from the requirements of this article 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 article.
A.
All violations of this article or any of its regulations
or provisions shall be deemed Class A misdemeanors, punishable by a fine not
exceeding $1,000 or imprisonment not exceeding one year, or both. Each and
every day that a violation of this article is permitted to exist shall constitute
a separate offense. Each and every provision of this article that is violated
shall constitute a separate offense.
B.
Any person violating this article or the regulations
or provisions thereof shall be subject to a civil penalty not to exceed $5,000
per violation. Each and every day that a violation of this article occurs
or continues shall constitute a separate violation for purposes of civil liability.
C.
Upon any violation of this article 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 article 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
groundwater, 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 article shall, in addition to the provisions found in Subsections A and B, be liable to reimburse the Town and citizens of Manchester for its costs and expenses associated with bringing a particular prosecution to enforce this article, including, but not limited to, its reasonable attorney fees.
E.
The Town of Manchester shall have the authority to appoint
an enforcement officer(s) authorized to act on behalf of the Town of Manchester
to enforce the provisions of this article. 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.
Chapter 72 of the 1975 Code of the Town of Manchester, as amended (Chapter
111 of the 1989 Code), is hereby repealed in its entirety. All other ordinances
and local laws or parts thereof in conflict herewith are superseded by this
article; provided, however, that the provisions of this article shall not
be interpreted as obviating any requirements or restrictions wherever it is
possible to conform to the provisions of both this article 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 article,
to the extent said specific terms, conditions and limitations are more restrictive
than the provisions of this article, shall continue in full force until a
permit under this article shall be issued by the Town Board.
If any part of the article shall be judicially declared to be invalid,
void, unconstitutional or unenforceable, all unaffected provisions hereof
shall survive such declaration, and this article shall remain in full force
and effect as if the invalidated portions had not been enacted. Furthermore,
if this article, in its entirety, is judicially declared to be invalid, void,
unconstitutional or unenforceable, then the repeal of Chapter 72 of the 1972
Code of the Town of Manchester, as amended (Chapter 111 of the 1989 Code),
shall be nullified and that law shall be automatically reinstated and become
fully effective.
