[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:
- AEROBIC COMPOSTING
- 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.
- ANAEROBIC COMPOSTING
- 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.
- COMPOSTING FACILITY
- A site where composting occurs as part of a private business or government service.
- COMPOSTING FACILITY OPERATOR
- The person responsible for the operation of a composting facility regulated by this chapter.
- ENFORCEMENT OFFICIAL
- The Code Enforcement Officer of the Village.
- HEALTH DEPARTMENT
- 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.
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.
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.
No compostables may be stored or maintained at a height greater than five feet.
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.
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.
No composting facility shall be permitted within 1,500 feet of an area zoned R-1 or R-2.
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.
No anaerobic composting will be allowed.
A fire hydrant must be accessible within 500 feet of the site.
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.
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.
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:
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.
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:
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.
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.
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.
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.
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.