This chapter shall be known and may be cited
as the “Town of Clinton Natural Gas Plant and Power Plant Site
Study and Operations Local Law.”
The Town Board of the Town of Clinton hereby finds and determines that construction, operation and expansion of the use of natural gas and power plant facilities, as hereinafter defined, within the Town of Clinton or any part thereof, and the environmental impacts associated therewith, pose a potential threat to the health and safety of the residents of the Town of Clinton due to the potential for contamination of air, groundwater, and adjacent properties unless proper mitigation measures are observed. It is the purpose and intent of this chapter, pursuant to the Environmental Quality Review Act, Chapter
250, Zoning, or Building Codes, Rules and Regulations of the State of New York in the Town of Clinton, to provide for the health, safety and welfare of the residents of the Town of Clinton, and the owners of property within the Town, by regulating the construction, operation and expansion of natural gas and power plant facilities within the Town of Clinton.
For the purpose of this chapter, the following
terms shall have the meanings set forth hereinafter:
APPLICANT
Any person filing an application for siting as well as a
permit to own, operate or expand the use of a gas or power plant facility
under this chapter and must be the owner or operator of the power
plant facility and not simply a designer or representative of the
applicant.
CONSTRUCTION
Any physical modification to an existing or potential site
at which a potential or proposed gas or power plant facility is to
be located, including, but not limited to, site preparation and grading
of any proposed site.
PERSON
Any individual, public or private corporation, political
subdivision, government agency, authority, department or bureau of
the state, municipality, industry, copartnership, association, firm,
trust, estate, or any other legal entity whatsoever.
PLANNING BOARD
The Planning Board of the Town of Clinton, Dutchess County,
New York.
POWER FACILITY or FACILITY
A natural gas or electric power plant facility or power-generating
facility or any supporting facility or substation or natural gas facility
or electric or natural gas transmission system which implements the
use of a natural gas or electric facility.
POWER PLANT FACILITY or POWER-GENERATING FACILITY or POWER FACILITY
A facility whose primary purpose is the generation of electric
power, powered by non-fossil or fossil fuel (including natural gas,
oil, coal or any other fossil fuel), or by any other means whatsoever.
"Natural gas facility" means any facility generating or transmitting
for any purpose natural gas, propane or any derivative fuel from natural
gas. This definition of a power or natural gas facility includes any
portion of or supporting facility or substation relating to such plant
or facility, including land areas forming the boundary of the actual
facility and supporting facilities or substations and all other land
areas incorporated by the plant, including, but not limited to, buffer
zones. The term "power plant" includes a "co-generation facility"
as that term is defined in Article 1, § 2 of the Public
Service Law of the State of New York.
SUBSTATION or POWER SUBSTATION and SUPPORTING FACILITY or POWER
SUPPORTING FACILITY and NATURAL GAS FACILITY
Any device or structure including land areas forming the
boundaries of the actual device or structure and all other land areas
incorporated by the device or structure, including but not limited
to buffer zones relating to a power facility or natural gas facility.
This definition includes all substations, supporting facilities, transmission
systems and any related structures or devices in the Town of Clinton
regardless of the point of origin of the electric power or natural
gas that they are related to.
TOWN
The Town of Clinton, Dutchess County, New York.
TOWN BOARD
The Town of Clinton Town Board, its governing body.
TOWN ENGINEER
A professional engineer licensed by the State of New York
or engineering company and retained by the Town Board on the behalf
of the Town.
The Town may not grant a certificate for the
construction or operation of a natural gas or power facility either
as proposed or as modified by the Planning Board unless it first finds
and determines:
A. The nature of the probable environmental impact, including
a specification of the predictable adverse effect on the normal environment
and ecology, public health and safety, aesthetics, scenic, historic
and recreational value, forest and parks, air and water quality, fish
and other marine and wildlife.
B. That the facility:
(1) Represents the minimum adverse environmental impact,
considering the state of available technology, the nature and economics
of the various alternatives, the interests of the Town with respect
to the aesthetics, preservation of historic sights, forests and parks,
fish and wildlife, viable agricultural lands, and other pertinent
considerations.
(2) Is compatible with the public health and safety.
(3) Will not discharge any effluent that will be in contravention
of the standards adopted by the Department of Environmental Conservation.
(4) Is in compliance with criteria and requirements of
this chapter.
(5) Has harmonious relationship with uses located in adjacent
districts as reflected in the Master Plan, that maximum safety of
vehicular access and egress from the site to existing proposed streets
and highways is guaranteed, that the facility provides maximum adequacy
of interior circulation and parking facilities with particular attention
to vehicular and pedestrian safety and railroad sidings, that the
facility maintains the adequacy of traditional landscaping and setbacks
in regard to achieving maximum compatibility and protection to adjacent
property, and that the facility achieves maximum protection, provides
environmental safeguards in regard to protection of the local environment
and of adjacent properties.
(6) Conforms to, and is in compliance with, all zoning
laws, ordinances, rules and regulations of the Town.
(7) Requires sewer flow and water volume which the Town
has the ability and capacity to provide at all times, including but
not limited to peak hours of operation.
(8) Will be in full compliance with all applicable laws, rules and regulations of the United States of America, the State of New York, County of Dutchess and the Town of Clinton in effect on the date of submission of the permit application pertaining to construction and operation of this facility, including all requirements of this chapter, paying particular attention to the regulations and performance standards of §
168-8 contained herein relating to the operation of power-generating facilities.
Any facility for which a permit to construct
and operate has been issued pursuant to this chapter must utilize
the best available air and water pollution abatement technology. In
addition, at all times during construction and/or operation, the facility
must meet or exceed all existing applicable laws of the United States
of America, the State of New York, County of Dutchess and the Town
of Clinton regulating construction and/or operation of such facilities,
including but not limited to:
A. Generally.
(1) The State Environmental Quality Review Act (SEQRA)
(New York Environmental Conservation Law § 8-0101 et seq.).
(2) The National Environmental Policy Act (NERA) (42 U.S.C.
§ 4321 et seq.).
(3) Federal Aviation Administration Construction Notice.
The Federal Aviation Administration must approve all construction
over 200 feet high if the construction is located within an instrument
approach area of local airports.
B. Air quality.
(1) The Clean Air Act (CAA) (42 U.S.C. § 7401
et seq.) which includes but is not limited to:
(2) National Ambient Air Quality Standards (NAAQS) which
require that the proposed construction and operation of the facility
will not result in a violation of the standards for ambient air quality
established to protect the health and welfare of the public by adversely
impacting the existing air quality in the vicinity of the facility
(40 CPR Part 50).
(3) PSD. Prevention of significant air quality determination
permit which directs that the facilities in certain listed categories
obtain the permit if they have the potential to emit 100 tons of pollutants
per year (40 CFR 52.21).
(4) A New Source Review Permit under the Clean Air Act,
if applicable (42 U.S.C. § 7410 et seq.).
(5) New Source Performance Standards (NSPS) (pursuant
to the Clean Air Act, 42 U.S.C. § 7401 et seq.).
(6) Certificate of approval/air pollution episode. Significant
air contamination sources require an episode action plan proposing
its action in the event of an air pollution episode. This action plan
must be approved by the Commissioner of the New York State Department
of Environmental Conservation.
(7) Certificate to construct/operate a stationary combustion
installation. A New York State Department of Environmental Conservation
permit, if applicable, is required to construct a new stationary combustion
installation or to modify an existing source. In addition, the facility
must obtain a separate permit to operate.
(8) Certificate to operate a process, exhaust and/or ventilation
system. An additional DEC permit is required to operate any air contamination
source.
(9) State Acid Deposition Control Act (SADCA) (New York
Environmental Conservation Law § 19-0901 et seq.). Any facility
of this nature must meet regulations established by the New York State
Department of Environmental Conservation limiting the emissions of
acid precursors (sulfur dioxide and nitrogen oxides) from any major
steam electric-generating facilities and stationary sources.
C. Water quality and wetlands.
(1) State pollutant discharge eliminations systems permit
(SPDES) (New York Environmental Conservation Law § 17-0801
et seq.). The facility must apply for and obtain this permit regulating
effluent discharges (including thermal releases to surface and groundwaters
within the State of New York).
(2) New York State 401 water quality certification. The
New York State Department of Environmental Conservation must certify
that federal water quality standards will not be degraded by the facility's
operation.
(3) Water resources (New York Environmental Conservation
Law § 15-0101 et seq.).
D. Waste disposal requirements.
(1) Hazardous waste treatment, storage and disposal facility
permit. Any facility that generates, treats, stores or disposes of
any hazardous waste as defined by the New York State Department of
Environmental Conservation is required to obtain the necessary permits
for the treatment, storage and disposal of the wastes.
(2) Waste transporter permit. The New York State Department
of Environmental Conservation requires this permit if the facility
transports any ash or waste designated or defined as hazardous waste
within the State of New York.
E. Other permits/approvals.
(1) Floodplain development permit. If the proposed facility
is constructed within the one-hundred-year floodplain, development
and construction must comply with all local and state laws regarding
development within the one-hundred-year floodplain area.
(2) Building permit. The construction of the facility requires a Town building permit and will be subject to all rules and regulations relative to the issuance of building permits, including site plan approval and requirements pursuant to and including Chapter
250, Zoning, §§
250-28 and
250-96, and any other local laws pertaining thereto.
(3) Special use permit. Any facility constructed pursuant
to this chapter must meet all guidelines and requirements pursuant
to this chapter for the issuance of special permits to construct and
operate the facility.
Upon conviction, a violation of this chapter shall be deemed a Violation Zoning, punishable as set forth in Chapter
137, Fines and Penalties. In addition to the above-provided penalties and punishment, the Town Board in its discretion may immediately suspend the permit to operate the facility or, in the alternative, may maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of the chapter. The permit to operate also may be revoked by the Town Board for any violation or violations of this chapter which continue for a period of 15 consecutive days or more. Any revocation hereunder shall be subject to a public hearing thereon at which the applicant shall have an opportunity to be heard.