Town of Minden, NY Waste Management Facilities

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, resource recovery or incineration facilities. Among other factors, the Board finds as follows:

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 be, contaminating water supplies.

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.

The town's need for solid and liquid waste disposal are being met.

Future correction of pollution from solid or liquid waste management facilities, including sanitary landfills and incineration facilities, may be very expensive or impossible to achieve.

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.

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.

Solid and liquid waste regulation under New York Environmental Conservation Law (ECL) is inadequate to relieve the forgoing concerns.

The town intends by this Article II to:

Restrict the operation of solid waste management facilities within the Town of Minden in order to promote a clean, wholesome and attractive environment for the community.

Ensure that accurate, current information about currently exempted solid waste disposal operations within the town is available to public officials and citizens.

Protect the residents of the town from undesirable effects of solid waste disposal operations, including:

(1)

Unaesthetic results, including odors, blowing litter, increased traffic, dust, noise; and

(2)

Deterioration in property values associated with an adjacent or proximate solid waste management operation that may interfere with the orderly development of properties; and

(3)

Threats to public health or the environment by contamination of air, surface water or groundwaters.

To 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.

This Article II shall apply to all areas within the Town of Minden.

Unless defined below or the context otherwise requires, the terms and words used in this Article II shall have the same meanings as those defined in Article 27 of the ECL and Title 6, Parts 360 to 364 and 617, of the New York Codes, Rules and Regulations.

As used in this Article II, these terms and words shall be defined as follows:

6 NYCRR

Title 6 of the New York Codes, Rules and Regulations.

ASH or ASH RESIDUE

All the solid residue and any entrained liquids resulting from the combustion of solid waste at a solid waste incinerator, including bottom ash, boiler ash and the solid residue of any air pollution control device used in a solid waste incinerator.

ASHFILL

Any landfill designed to accept ash residue, bottom ash, combined ash or fly ash.

COMMERCIAL WASTE

Liquid or solid waste generated by stores, offices, warehouses and restaurants.

COMPOSTING

Aerobic decomposition of solid organic constituents of solid waste to produce a stable, humus-like material used for fertilizing and conditioning land.

CONSTRUCTION AND DEMOLITION DEBRIS

Uncontaminated, inert solid waste resulting from the construction, remodeling, repair and demolitions of structures, and from road building and land clearing. Such waste includes, but is not limited to, bricks, concrete, and other masonry materials, soil, rock, wood, wall coverings, plaster drywall, asphaltic pavement, glass, plastics that are not sealed in a manner that conceals other wastes, and metals that are incidental to any of the above.

CONTAINMENT POND OR POOL

Any basin, tank, pond or pool for the disposal, storage, retention, procession, treatment or other handling of liquid waste.

DEC

The New York State Department of Environmental Conservation.

DISPOSAL

The placement, distribution, storage, removal or transportation of solid wastes.

FACILITY

Any solid waste management facility.

HAZARDOUS WASTE

Waste meeting the definition set forth in 6 NYCRR Part 371.

HOUSEHOLD WASTE

Liquid or solid waste from residential sources.

INDUSTRIAL WASTE

Any liquid, gaseous or solid waste substance, or combination thereof resulting from any process of industry, manufacturing, trade or business. It shall include, but not be limited to, pesticides, lime, acids, chemicals, petroleum products, tar and dyestuffs.

LANDFILL or SANITARY LANDFILL

Any disposal area for solid wastes in or upon the ground.

MANURE

Refuse of stables and barnyards consisting of livestock, avian excreta with or without litter used for fertilizing land.

PERSON

Any individual, partnership, firm, association, business, industry, enterprise, public or private corporation, political subdivision of the state, government agency, municipality, estate, trust or any other legal entity whatsoever.

RECYCLING

The reuse of solid waste recovered from the solid waste stream into goods or materials suitable for reuse in original or changed form.

SEWAGE

The water carrying human or animal wastes from residences, buildings, industrial establishments or other places, together with such groundwater infiltration and surface water as may be present.

SOLID OR LIQUID WASTE

All putrescible and nonputrescible materials or substances that are discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including, but not limited to, liquids, garbage refuse, industrial, commercial and household waste, sludges from air or water treatment facilities, rubbish, tires, ashes, contained gaseous material, incinerator ash and residue and construction and demolition debris. In addition:

(1)

A material is discarded if it is abandoned by being:

(a)

Disposed of;

(b)

Burned or incinerated, including being burned as a fuel for the purpose of recovering usable energy; or

(c)

Accumulated, stored or physically, chemically or biologically treated (other than burned or incinerated) instead of being disposed of.

(2)

A material is disposed of if it is discharged, deposited, injected, dumped, spilled, leaked or placed into or on any land or water.

SOLID WASTE INCINERATOR

An incinerator at which household waste and nonhazardous industrial/commercial waste are combusted for energy.

SOLID WASTE MANAGEMENT FACILITY

Any facility employed beyond the initial solid or liquid waste collection process and managing solid or liquid waste, including, but not limited to, storage areas or facilities, transfer stations, rail-haul facilities, landfills, ashfills, disposal facilities, solid waste incinerators, resource recovery facilities, recycling facilities and waste tire storage facilities, containment ponds or pools, sewage treatment plants and storage tanks or containers or any other facility of any kind designed a solid waste management facility by the DEC.

SOUND AGRICULTURAL PRACTICES

Refers to those practices necessary for the on-farm production, preparation and marketing of agricultural commodities.

The following are not subject to this Article II:

(1)

Any disposal and storage of manure in farming operations following sound agricultural practices, but not including sewage sludge processing and spreading.

(2)

Operations or facilities which receive or collect only nonputrescible, nonhazardous solid waste and beneficially use or reuse or legitimately recycle or reclaim such waste. Such exempt facilities are limited to citizen recycling programs, town recycling operations, composting, farming operations, town highway operations and bona fide salvage dealers.

(3)

Any sewage treatment facility, but not including any sewage sludge spreading facility.

Any bona fide solid waste management facility previously in existence on the effective date of this Article II shall remain exempt under the current terms and conditions of their operating permit.

None of the above exemptions shall be construed to permit any activity contrary to existing building codes or other laws or as exempting any other permit required by state or local law.

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 II, and any violation thereof shall be considered to constitute a violation of this Article II.

The provisions of this Article II shall be interpreted in such a manner as being consistent with state law, except that the more stringent requirements of this Article II shall apply.

No solid waste management facility shall be constructed or allowed to commence operation.

All violations of this Article II or any of its regulations or provisions shall be deemed Class A misdemeanors, punishable by a fine not exceeding $5,000 or imprisonment not exceeding one year, or both. Each and every day that a violation of this Article II is permitted to exist shall constitute a separate offense.

Any violation of this Article II or regulations or provisions thereof shall create a liability to the people of the town for civil penalty not to exceed $5,000 after a hearing or opportunity to be heard upon due notice and with the right to specification of the charges and representation by counsel at such hearing. Each and every day that a violation of this Article II occurs or continues shall constitute a separate violation for purposes of civil liability.

Upon any violation of this Article II 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 of 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 II 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 groundwaters.

All other ordinances and local laws or parts thereof in conflict herewith are superseded by this article; provided, however, that the provisions of the law 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.

If any part of this Article II shall be judicially declared to be invalid, void, unconstitutional or unenforceable, all unaffected provisions thereof shall survive such declaration, and this Article II shall remain in full force and effect as if the invalidated portions had not been enacted. If all substantive parts of this Article II shall be judicially declared to be invalid, void, unconstitutional or unenforceable, Part B [1] will take effect immediately.

[1]

Editor's Note: See Article III, Waste Management Facilities Law - Part B.

This article shall be known as and may be cited as the "Waste Management Facilities Law of the Town of Minden - Part B."

Among other factors, the Board finds as follows:

(1)

(2)

(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 and incineration facilities may be very expensive or impossible to achieve.

(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)

(7)

The Town of Minden lies in a particularly significant environmental area, located in the Mohawk River Valley region; it includes portions of the Mohawk River and its tributaries, which are important water resources. Also within or near the town are major aquifers, along with adjacent recharge areas. The 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, constructions, operation of solid waste management facilities within the Town of Minden will affect and impact upon all 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.

(11)

Solid and liquid waste regulation under the New York Environmental Conservation Law (ECL) is inadequate to relieve the forgoing concerns.

It is the intent of this Article III to promote the public purposes identified in this section by providing for the proper regulation and use of solid waste management facilities within the town. Specifically, the town intends by this Article III to:

(1)

Regulate the siting construction, operation and expansion of solid waste management facilities within the Town of Minden 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 of 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, and;

(b)

Deterioration in property values associated with an adjacent or proximate solid waste management operation that may interfere with the orderly development of properties; and

(c)

Threats to public health or the environment by contamination of air, surface water or groundwaters.

(6)

To 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 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.

It is not the intent of this Article III 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 III affirms the town's commitment to agriculture for this generation, and future generations who will work the land.

It is not the intent of this Article III in any way to regulate the composting of yard waste and food waste at the personal residence or farms at which such waste is produced.

This Article III shall be applicable to all areas within the Town of Minden.

Nothing in this Article III shall prohibit the Town Board from entering into an agreement with any facility operator or owner, properly permitted by this Article III, concerning host fees or contractual services.

Unless defined below or the context otherwise requires, the terms and words used in the Article III shall have the same meanings as those defined in Article 27 of the ECL and Title 6, Part 360, of the New York Codes, Rules, and Regulations.

As used in this Article III, these terms and words shall be defined as follows:

6 NYCRR

Title 6 of the New York Codes, Rules and Regulations.

AGRICULTURAL DISTRICT

A district created under Article 25AA of the New York State Agriculture and Markets Law.

APPLICANT

The person applying for a permit under this Article III and must be the owner or operator of the solid waste management facility.

AUTHORIZED REPRESENTATIVE

The individual responsible for the overall operation of a solid waste management facility or an operational unit of a facility, such as the plant manager, superintendent or individual of equivalent responsibility who has authority and knowledge to make and implement decisions regarding operation conditions at the facility.

BOUNDARIES OF A WETLAND, WATER BODY OR WATERCOURSE

(1)

The mapped boundaries of wetlands which have been delineated by the DEC, pursuant to the New York State ECL, or the U.S. Army Corps of Engineers pursuant to the Federal Clean Water Act; or

(2)

The boundaries for a water body or watercourse defined by state or federal law or regulation within the Town of Minden under the authority of any part of the ECL or the Federal Clean Water Act or any regulations promulgated under either of those statutes; or

(3)

Any land or waters which is 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 ECL, or which meets the definition in Subdivision 1(d) therein.

COMPLETED APPLICATION

An application in which necessary information and other approvals, required by any other entity or relevant law or regulation, is provided to the Town Board. If the 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.

DEC

The New York State Department of Environmental Conservation.

DISPOSAL

The placement, distribution, storage, removal or transportation of solid wastes.

EPA

The United States Environmental Protection Agency.

FACILITY

Any solid waste management facility.

MAJOR MODIFICATION

A modification as defined in 6 NYCRR 621, 1(m), that the DEC determines to treat as 6 NYCRR 621, 13(e).

OWNER

A person who owns a solid waste management facility or part of one.

PERSON

Any individual, public or private corporation, political subdivision, government agency, authority, department or bureau of the state, municipality, industry, partnership, association, firm, trust, estate or any other legal entity whatsoever.

RELATED CORPORATIONS

All corporations included with the applicant in one or more chains of corporations connected by stock ownership with a common parent corporation.

SEQRA

The State Environmental Quality Review Act[1] and the review procedures required therein.

WATER BODY

Any body of 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.

WATERCOURSE

Any body of water flowing in an identifiable channel or course at least nine months of the year.

WETLANDS

All lands and waters in the Town of Minden that:

(1)

Fall within the definition of freshwater wetlands in the ECL, as in effect on the date of the enactment of this Article III, without respect to whether such lands and waters have been mapped by the DEC, and without respect to size, except that such lands and waters must have a contiguous area of at least 7,000 square feet; or

(2)

Fall within the definition of wetlands or navigable waters promulgated by the EPA or the U.S. Army Corps of Engineers pursuant to the Federal Clean Water Act.

[1]

Editor's Note: See ECL § 8-0101 et seq.

The following are not subject to this Article III:

(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.

(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 III. No person who qualifies for and receives this on-site facility waiver shall accept, handle, import or transport any other source or location.

(4)

Used engine lubricating oil retention facilities as defined in 6 NYCRR Part 360.14.

(5)

Recyclables handling and recovery facilities.

None of the above exemptions shall be construed to permit any activity contrary to existing building codes, zoning codes or other laws or as exempting any other permit required by the state or local law.

All relevant sections of § 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 III, and any violation thereof shall be considered to constitute a violation of this Article III.

The provisions of this Article III shall be interpreted in such a manner as being consistent with state law, except that the more stringent requirements of this Article III shall apply.

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 III shall limit the right or power of the town to participate in any permitting process held by another agency. Nothing in this Article III shall bind the town to any decision on any issue concerning any application, nor limit the right and power of the town to conduct any and all inquiries, hearings and investigations it deems necessary in taking any action on an application.

No solid waste management facility shall be sited, constructed, expanded or operated within the Town of Minden except as permitted by this statute.

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 or the expiration of the expiring permit.

Existing solid waste facilities, other than those prohibited by § 72-21, shall apply for a permit under this Article III within 30 days of the effective date of this Article III.

The following solid waste facilities may not be expanded, constructed or operated within the Town of Minden:

(1)

Disposal facilities, including, but not limited to, landfills, sanitary landfills, ashfills, construction and demolition debris landfills, industrial waste landfills, disposal facilities and monofills, but not including landfill gas recovery facilities.

(2)

Incinerators.

(3)

Land application facilities.

(4)

Transfer stations.

(5)

Used oil storage, reprocessing and rerefining facilities, but not including used engine lubricating oil retention facilities as defined in 6 NYCRR Part 360.14.

(6)

Waste tire storage facilities.

(7)

Medical waste treatment facilities.

(8)

Composting facilities.

(9)

Construction and demolition debris processing facilities.

(10)

Hazardous waste facilities.

(11)

Surface impoundments.

(12)

Rail-haul and barge-haul facilities.

If any part of this section prohibiting certain facilities should be judicially declared to be invalid, void, unconstitutional or unenforceable, applications for said affected facilities may be made in accordance with this Article III and shall be evaluated in accordance with the application procedures of this Article III, and unaffected provisions hereof shall survive such declaration, and this Article III shall remain in full force and effect as if the invalidated portions had not been enacted.

Any facility listed in Subsection A of § 72-20 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.

Applicants, including new, renewal, major modifications, transfer and expansion applicants, shall submit 10 copies of any application, including any required application fee, which shall be filed with the Town Clerk.

Upon receipt of all 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 § 72-22A(13), 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 additional information complete or incomplete within 30 days after the receipt of the demand letter, the additional information will be deemed complete. The Town Board shall give written decisions if the application or additional information is found to be incomplete.

The approving authority with respect to all aspects of all applications hereunder shall be the Town Board.

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 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.

The Town Board has the right to promulgate by resolution regulations establishing a special use permit, application, including new, renewal, expansion, major modification and transfer applications, and are due under 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 permit fee. Permit fees shall be initially set at $50,000 annually, and are due upon issuance of the permit and on that date annually thereafter.

The Town Board may refer any application submitted to it pursuant to this Article III to the Minden Planning Board for review and report. The Planning Board 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. Failure to comply within the specified time periods shall be interpreted by the Town Board as indicating no objection to the application.

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, 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.

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.

Any person who shall desire and intends to establish, construct, operate, expand or maintain a solid waste management facility in the Town of Minden 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 shall 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 holding a greater than ten-percent general or limited partnership or other interest.

(7)

Site map or maps, prepared by a licensed engineer or land surveyor, 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.

(f)

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.

(g)

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.

(h)

The location of any adjoining property boundary within 2,000 feet of the area intended to be used as a facility, excluding buffer zones.

(i)

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.

(j)

The location of water wells within 2,000 feet of the area to be used as a facility.

(k)

Provision for buffer areas and other landscaping.

(l)

Location of all parking and truck-loading areas, showing access and ingress drives.

(m)

Zoning district and agricultural district boundaries within 2,000 feet of the area intended for use as a facility, including buffer zones.

(n)

Grading and erosion control measures, including the proposed location of sediment sink/setting pond and interceptor swales, etc.

(o)

Location and design for stormwater management facilities.

(p)

The topography of the site.

(q)

A soils overlay, if general site grades exceed 10% or if portions of the site have susceptibility to erosion, flooding or ponding.

(r)

Such other topographical and perimeter surveys, hydrological computations, engineering studies and other factual scientific data and reports as deemed necessary by the Town Board.

(8)

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.

(9)

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.

(10)

A drainage report including supporting design data and copies if engineering computations used to determine the design capacities and performance requirements of drainage facilities.

(11)

A report outlining the vehicular traffic impact of the project, including recommendations for mitigating such impacts.

(12)

Description of all violations of any federal, state or local statute or regulation by the applicant; its parent corporation, subsidiaries or related corporation 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.

(13)

Such other information as deemed necessary by the Town Board, including information necessary for compliance with SEQRA.

A waiver from any of the application content requirements of this section 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 III or is otherwise available to the town.

The applicant shall have the burden of demonstrating that the proposed activity will be in accord with the policies and provisions of this Article III.

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 is proposed, including current land uses, 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 this 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)

Potential litter, noise, odor, rodent and other vermin infestation, air pollution and water (surface water and groundwater) pollution problems from the project.

(13)

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.

Permit will be issued by the Town Board if it finds that the proposed regulated activity is consistent with the policy of this Article III.

Nondiscrimination requirement. In evaluating any application request or permit condition under this statute, the Town Board shall not consider and shall not base any decision on the source, origin or destination of any waste stream, nor in the method or route of transporting any waste stream. No decision of the Town Board under this statute shall favor in-town interests over out-of-town interests nor act to subsidize local interests. No decision of the Town Board under this statute shall require any applicant to provide different services or prices for town residents or businesses.

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 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.

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.

Any permit issued hereunder shall at all times be displayed conspicuously at or near the entrance to the site.

Any permit issued hereunder shall be effective from the date of its issuance until the lesser of December 31 of the fifth year following its issuance or, so as to allow coordinated review, the date of the next renewal of the applicable state or federal permit. A permit hereunder may be renewed for the lesser of additional five-year periods or the period of applicable facility state or federal permit, provided that the operations are in conformance with this Article III 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.

No permit issued under this Article III shall be transferable or assignable without the prior written approval of the Town Board. 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 exchanged or over the counter, and any type transfer or assignment of the ownership of a share or shares of stock in said corporation is made, voluntarily or involuntary, 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, 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 as defined in this section will cause an automatic revocation of any permit issued hereunder, unless the Town Board, in its sole discretion, consents in writing to such transfer.

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.

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.

All tipping fees paid to the town will reflect on an amount per ton charged. If the price goes up, so will the tipping fees.

The applicant agrees to fund an environmental officer chosen by the Town Board to monitor the facility through inspections and samplings of the site to occur not less than one day per week nor more than seven days per week. The cost of all analyses, shipping and reporting of samples shall be borne by the applicant.

For locations where there will be ground disturbance, the applicant will provide a Phase One archaeological survey performed by a 36 C.F.R. 61 qualified archaeologist approved by the Town Board.

The applicant shall deposit with the town funds sufficient to reimburse the town for all reasonable costs of consultant and expert evaluation and consultation to the Board in connection with the review of any application. The initial deposit shall be $75,000. These funds shall accompany the filing of an application and the town will maintain separate escrow account for all such funds. The town's consultants and experts shall bill or invoice the town no less frequently than monthly for its services in reviewing the application and performing its duties. If at any time during the review process this escrow account has a balance less than $25,000, applicant shall immediately, upon notification by the town, replenish said escrow account so that it has a balance of at least $25,000. Such additional escrow funds must be deposited with the town before any further action or consideration is taken on the application. In the event that the amount held in escrow by the town is more the amount of the actual billing or invoicing, the difference shall be promptly refunded to the applicant.

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.

No disposal facility shall employ ash or ash residue of any kind as daily cover.

The area designed to be used as a solid waste management facility, including any type of disposal facility, including associated buildings, utilities, construction staging areas and other apparent physical features and buffer areas, shall be:

(1)

No less than 2,000 feet from active farm land.

(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.

(8)

Not within and no less than 2,000 feet from the boundary of any residential zoning district.

The area designed to be used as an incinerator, including associated buildings, utilities, construction staging areas and other apparent physical features and buffer areas, in addition to the requirements of Subsection C of this section, shall be no less than 2,000 feet from any public or private school.

The applicant shall execute a document binding itself, its successors, assigns and parent corporations or entities to indemnifying and holding harmless the Town of Minden for any costs associated with cleanup or remediation arising out of the operation of any solid waste management facility, including liability for such cleanup or remediation 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, when the financial security of the applicant is in question.

The slope of any facility shall be no steeper than 4 to 1. The height of any facility shall not exceed 90 feet measured from its highest point to its base.

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 any odor and litter. Any odor and litter from the facility that are detectable at any residence or commercial establishment will automatically require a temporary suspension of the permit until the violation is remedied.

Refuse shall not be unloaded when weather conditions, e.g., high winds, etc., make it probable that the litter may be carried beyond the limits of the facility, at the permittee's expense.

At the discretion of the Town Board, baseline testing and surface water monitoring systems may be required at any proposed or existing facility, at the permittee's expense.

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 permittee and delivered to any appropriate recycling center for disposal.

The Town of Minden reserves the right to promulgate rules and regulations applicable to permittees and the operation of facilities consistent with this Article III in order to clarify its terms and/or to monitor compliance with its provisions and/or promote enforcement thereof.

Variances from the requirements of this section may be granted by the Town Board, upon a demonstration of practical difficulties and unnecessary hardship due to unique circumstances not caused by the applicant, at the sole discretion of the Town Board, only upon a super-majority (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 III.

Any permit for a facility will be required to provide liability insurance through the town's insurance company for an amount to be determined by the Town Board for a term of 99 plus one years, payable to the town half upon opening and the other half before the closing of the facility.

All violations of this Article III or any of its regulations or provisions shall be deemed Class A misdemeanors, punishable by a fine not exceeding $5,000 or imprisonment not exceeding one year, or both. Each and every day that a violation of this Article III is permitted to exist shall constitute a separate offense. Each and every provision of this Article III that is violated shall constitute a separate offense.

Any violation of this Article III or regulations or provisions thereof shall create a liability to the people of the town for civil penalty not to exceed $5,000 after a hearing or opportunity to be heard upon due notice and with the right to specification of the charges and representation by counsel at such hearing. Each and every day that a violation of this Article III occurs or continues shall constitute a separate violation for purposes of civil liability.

Upon any violation of this Article III 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, an ordering that any land on which solid or liquid waste is disposed of in violation of this Article III be restored is 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 groundwaters.

Any person who has been found by a judicial tribunal of the State of New York to have intentionally violated this Article III shall, in addition to the provisions found in Subsections A and B, be liable to reimburse the town and the citizens of the Town of Minden for its costs and expenses associated with bringing a particular prosecution to enforce this Article III, including, but not limited to, its reasonable attorney fees.

The Town of Minden shall have the authority to appoint an enforcement officer(s) authorized to act on behalf of the Town of Minden to enforce the provisions of this Article III. 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.