[HISTORY: Adopted by the Board of Trustees
of the Village of Depew 8-25-2003 by L.L. No. 5-2003. Amendments noted where
applicable.]
The purpose of this chapter is to protect the
public health and welfare through regulation of commercial composting
facilities. Despite the need for composting to reduce the reliance
on landfills as proposed by the EPA\DEC, the Village Board is looking
to provide some regulation where little or no regulations currently
exist.
As used in this chapter, the following terms
shall have the meanings indicated:
The process of decomposition of organic matter in an environment
with oxygen present. The microorganisms responsible for the decomposition
consume oxygen and produce carbon dioxide. This type of composting
is known to produce little or no offensive odor.
The process of decomposition of organic matter in an environment
with little or no oxygen present. The microorganisms responsible for
the decomposition do not need oxygen. This method of composting decomposes
compostables more slowly than aerobic composting and is known to produce
hydrogen sulfide and ammonia-like compounds which have offensive odors.
Brush, wood or wood by-products, leaves, grass clippings,
vegetative prunings and garden and yard waste.
The mixture of decomposable refuse at an outdoor, open-air
facility for the purpose of producing material for fertilization and
conditioning of soil.
A site where composting occurs as part of a private business
or government service.
The person responsible for the operation of a composting
facility regulated by this chapter.
The Code Enforcement Officer of the Village.
The Erie County Department of Health.
Emission of substances detrimental to the health, well-being
and general safety of the community.
As of the effective date of this chapter, no
composting facility as defined and regulated herein shall be established
in the Village by any person or business entity, unless the composting
facility conforms to this chapter and other local, state and federal
regulations.
A.
Any composting facility operation shall be conducted
in accordance with current standards established by the United States
Environmental Protection Agency, the United States Department of Agriculture,
the New York State Department of Environmental Conservation and other
government regulatory agencies.
B.
No compostables may be stored within 500 feet of any
boundary of the composting facility when the adjacent property is
a road right-of-way or not zoned an M-2 district.
C.
No compostables may be stored or maintained at a height
greater than five feet.
D.
The main service drive for vehicles bringing compostables
to a composting facility must be accessible from a major highway legally
permitted for said vehicles with the service drive improved with an
asphalt or concrete surface having proper drainage.
E.
Composting facilities will only be permitted in an
M-2 Zoning District as currently designated at the time of adoption
of this chapter. Future rezoning of property currently not zoned M-2
will still exempt said land from composting facility usage.
F.
No composting facility shall be permitted within 1,500
feet of an area zoned R-1 or R-2.
G.
A composting facility must provide accessibility to
all points of the site with a surface capable of supporting heavy
rescue equipment and emergency vehicles. The operation must comply
with all applicable local, state and federal fire and safety codes.
Noncompliance may result in injunctive proceeding being initiated.
H.
No anaerobic composting will be allowed.
I.
A fire hydrant must be accessible within 500 feet
of the site.
J.
A contact person shall be designated by the composting
facility operator and registered with the Village. The contact information
shall include adequate information so that in the event of a problem
the Village will be able to easily contact a responsible party. This
contact person will be instructed to inform the Village in the event
that they become aware of any problems with the site.
K.
The composting facility operator shall be required
to supply to the Enforcement Officer copies of the daily operational
records required to be maintained by the DEC Solid Waste Management
Regulations subdivision 360-1.14(i) and 360-5.7(c)(1). Said copies
are to be presented on a monthly basis and submitted not later that
five business days following the first day of the month.
A.
Noise, odor and vibration emanating from a composting
facility shall not exceed the following standards so as to create
a nuisance to the health, well-being and general safety of the community.
Noise when measured from the property line shall not exceed the following:
B.
The composting facility operator shall not permit
noxious odors to escape the boundaries of the composting facility
and so as to interfere with the enjoyment of adjacent properties.
Corrective action shall be immediate and shall result in injunctive
proceedings precluding said composting activities.
A.
No composting facility shall operate within the boundaries
of the Village unless the owner has first registered with and/or obtained
a permit, as applicable, from the Department of Environmental Conservation
and the Village of Depew. A permit shall not be granted from the Village
of Depew until receipt of the following:
(1)
Security consisting of cash, or its equivalent, or
a performance bond, either of which must be in an amount which is
not less than $250,000.
(2)
Proof that the composting facility operator has submitted
and received approval of a site plan and operational plan from the
Village of Depew Planning Board, the Depew Village Board, and a declaration
of negative environmental impact finding by a full SEQR review.
(3)
Receipt of a full copy of all documentation as presented
to the DEC in obtaining a permit and/or registration to operate said
composting facility.
C.
Upon termination and closure of the facility, the
composting facility operator may request, in writing, the release
of the security held upon verification that all aspects of the closure
plan have been met.
E.
Compliance monitoring fees: $75 per each staff hour.
Enforcement officials shall be permitted entry
to the composting facility for inspection purposes to determine compliance
with this chapter and other applicable regulations.
Any person, corporation, partnership or any
other legal entity who fails to comply with any of the provisions
of this chapter shall be subject to a fine of not more than $1,000
per day of violation. Every act or violation and every day that a
violation occurs shall be considered a separate violation.
This chapter shall be liberally construed in
such a manner as to effectuate its purpose. The provisions of the
chapter shall be construed, if possible, in such a manner as to make
such provisions compatible and consistent with the provisions of all
existing and future zoning and other local laws and ordinances of
the Village and all amendments thereto; provided, however, that where
any inconsistency or conflict cannot be avoided, then the most restrictive
of such inconsistent or conflicting provisions shall control and prevail.
All ordinances, local laws or parts thereof
in conflict with the provisions of this chapter, except as herein
provided, are hereby repealed only to the extent necessary to give
this chapter full force and effect. However, this chapter shall not
otherwise in any way affect or modify the Village's existing ordinances.
Should any provision or section of this chapter
be held invalid for any reason, such holding shall not be construed
as affecting the validity of the remaining provisions or sections.
The repeal provided herein shall not abrogate
or affect any offense or act committed or done, or any penalty or
forfeiture incurred, or any pending litigation or prosecution, or
any right established or occurring prior to the effective date of
this chapter.
This chapter shall become effective immediately
upon its adoption and acceptance by the New York State Secretary of
State.
