This chapter, entitled "Construction and Demolition Debris Landfills," and known hereafter as Chapter
216 of the Town of Busti Code, is enacted in recognition of the fact that the creation and/or operation of construction and demolition debris landfills can constitute both a public and a private nuisance. Such landfills, if improperly sited or improperly operated, may cause significant harm to the air, water and soil quality not only of the environment immediately adjacent to the landfill site, but also throughout the Town. These landfills may alter or impair the aesthetic qualities of the Town and render other properties less valuable due to their physical proximity to the landfill. The intent of this chapter is to establish a legal procedure whereby such landfill activities may be properly licensed by the Town and that thereafter the landfill operations be regulated in such a fashion as to guarantee the health and welfare of the Town and its residents.
As used in this chapter, the following terms shall have the
meanings indicated:
CONSTRUCTION AND DEMOLITION DEBRIS
Uncontaminated solid waste resulting from the construction,
remodeling, repair and demolition of structures and roads; and uncontaminated
solid waste consisting of vegetation resulting from land clearing
and grubbing, utility line maintenance and seasonal and storm-related
cleanup. Such waste includes, but is not limited to, bricks, concrete
and other masonry material, soil, rock, wood, wall covering, plaster,
drywall, plumbing fixtures, non-asbestos insulation, roofing shingles,
asphaltic pavement, glass, plastics that are not sealed in a manner
that conceals other wastes, electrical wiring and components containing
no hazardous liquids, and metals that are incidental to any of the
above. Solid waste that is not construction and demolition debris
(even if resulting from the construction, remodeling, repair and demolition
of structures and roads and land clearing) includes, but is not limited
to, asbestos waste, garbage, corrugated container board, electrical
fixtures containing hazardous liquids such as fluorescent light ballasts
or transformer, carpeting, furniture, appliances, tires, drums and
containers, and fuel tanks. Specifically excluded from the definition
of construction and demolition debris is solid waste (including what
otherwise would be construction debris) resulting from any processing
technique, other than that employed at a construction and demolition
processing facility, that renders individual waste components unrecognizable,
such as pulverizing or shredding.
PERSON
Any individual person or persons, firm, partnership, corporation,
whether business, membership, religious, charitable or otherwise,
any association or other unit or entity owning, leasing or occupying
real property in the Town of Busti.
RESERVOIR
Any natural or artificial lake or pond which is tributary
to or serves as a source of potable water for the Town of Busti water
supply or for any individual within the Town of Busti.
WATERCOURSE
Any spring, stream, marsh or channel of water of any kind
within the Town of Busti.
WATERSHED
Any drainage area contributing water to the Town of Busti
water supply or to the private water supply of any individual or group
of individuals within the Town of Busti.
WATER SUPPLY
Any private or public water supply of potable water to any
person or group of persons within the Town of Busti.
This chapter hereby incorporates, by reference, as if fully
set forth herein, all of the current provisions of 6 NYCRR (New York
Code of Rules and Regulations) 360-7, as amended, and as may be amended
in the future. Said provisions thus incorporated herein shall control
any application or operation hereunder, except as this chapter may
set forth more restrictive provisions relating to the application
for any landfill operation or for its operation thereafter.
The Town of Busti hereby designates the Planning Board as the
lead agency in the preparation and/or consideration of any environmental
assessment form or any environmental assessment report to be prepared
as a consequence of any application made pursuant to this chapter.
No person shall operate, establish or maintain a construction
and demolition debris landfill in the Town of Busti until:
A. That person has obtained a license to operate said landfill operation
from the Town of Busti and
B. That person has obtained a construction and demolition debris landfill
permit from the New York State Department of Environmental Conservation.
Application for the license of a construction and demolition
debris landfill shall be made in writing in the form required by 6
NYCRR 360-7, and as supplemented by this chapter, to the Town Board
of the Town of Busti and to the New York Department of Environmental
Conservation.
After submission of the complete written application by the
applicant, a hearing on said application shall be held by the Town
Board not less than two weeks nor more than six weeks from the date
of receipt of the application. Notice of the hearing shall be given
to the applicant by mail, postage prepaid, to the address given in
the application and shall be published once in the official newspaper
of the Town not less than 10 days before the date of the hearing.
At the time and place set for the hearing, the Town Board of
the Town of Busti shall hear the applicant and all other persons wishing
to be heard on the application for a license to construct and operate
a construction and demolition debris landfill. In considering such
application, the Town Board shall take into account the following:
A. The suitability of the applicant with reference to his ability to
comply with the requirements of the New York State Department of Environmental
Conservation permit and such other reasonable regulations concerning
the proposed construction and demolition debris landfills;
B. The financial ability of the applicant to comply with environmental
regulations;
C. The clean, wholesome and attractive environment which has been declared
to be of vital importance to the continued welfare of its residents
by considering whether or not the proposed location of the landfill
can be reasonably protected or shielded so as to prevent any unfavorable
affect on adjacent properties or on the Town in general;
D. The type of road servicing the landfill or the roadway from which
the landfill may be seen;
E. The natural or artificial barriers protecting the landfill from view;
F. The proximity of the proposed landfill to established residential,
recreational or farm areas;
G. The availability of highway access routes to the proposed site;
H. The impact of any increase in traffic or traffic congestion caused
by the landfill operations;
I. The availability of other suitable sites for landfills which may
exist within the Town or the adjacent areas outside of the Town;
J. The potential for degradation to reservoirs, water supplies, watercourses
and watersheds;
K. The impact of the landfill on future growth and development;
L. The impact of the landfill on wildlife;
M. The availability of alternate disposal methods and other such landfills;
and
N. The general impact of the landfill on environment.
The Town Board shall, within 30 days of such hearing or continuance
thereof, make a finding as to whether or not the application shall
be granted, giving notice of its findings to the applicant by mail,
postage prepaid, to the address given on the application. If approved,
the license shall be forthwith issued to remain in effect until the
following January 1. Approval shall be personal to the applicant and
is not assignable. Licenses shall be renewed thereafter upon payment
of the annual license fees without hearing, provided all provisions
of this chapter are complied with as well as all provisions of any
permit issued by the New York State Department of Environmental Conservation
during the respective license or permit periods.
Any person violating any of the provisions of this chapter shall
be punished, upon conviction, by a fine of not less than $500 nor
more than $1,000 for each violation. Each day that a violation of
or a failure to comply with any of the provisions of this chapter
or any regulation promulgated by the Department of Environmental Conservation
regarding its landfill permit or the Town Board of the Town of Busti
regarding its landfill license shall constitute a separate and distinct
violation.
Construction and demolition debris landfills may be constructed
only in that portion of the CAMP District as defined by the Town of
Busti Zoning Code.
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements adopted for the promotion
of the public health, safety and the general welfare of the Town of
Busti and its residents. Whenever the requirements of this chapter
are at variance with other requirements of any Town law or ordinance
or the requirements of any other lawfully adopted rules, regulations
or ordinances, the most restrictive or that imposing the higher standards
shall govern.