[HISTORY: Adopted by the Town Board of the Town of Elma as
indicated in article histories. Amendments noted where applicable.]
[Adopted 1-18-2017 by L.L. No. 1-2017]
This article shall be known as and may be cited as the "Biosolids
Law of the Town of Elma."
A.
The Town of Elma finds that:
(1)
Aerobic and anaerobic digestion facilities that take in waste from
waste water treatment plants, industrial and chemical sources, municipal
sources and septage, digestate storage facilities and land application
facilities are by their very nature potentially dangerous to both
the Town citizenry and to the Town's natural environment.
(2)
The potential contamination of soil, surface water, groundwater,
nearby creeks and streams and the potential pollution of the air are
threats which are posed by such operations. This potential contamination
can pose a threat to the health, safety and welfare of persons and
the environment, including the crops, livestock and wildlife exposed
to such contamination.
(3)
The Town's existing community character may be adversely and
unalterably impacted by the location and operation of such facilities
within the Town in close proximity to water supplies, residences,
schools, businesses and food processing facilities. Property values
within the Town may be adversely affected with the expansion of such
facilities.
(4)
Sewage sludge and digestate waste are deleterious substances; that
improperly maintained and operated aerobic and anaerobic digestion
facilities, digestate waste storage facilities and land application
facilities can emit noxious fumes, aerosols and odors; that such facilities
cast dust and particles containing contaminants upon neighboring persons,
animals, crops and properties; that such facilities attract rodents,
scavengers, birds, vermin, insects and other animals, which transport
contaminants and pathogens and become breeding places therefor.
(5)
If not properly managed, sewage sludge and digestate waste can produce
harmful liquids which drain off, over and into the soil; that certain
sewage sludge and digestate waste may contribute to an increase in
mortality or an increase in serious, irreversible or incapacitating
illness; that sewage sludge and/or digestate wastes cause or significantly
contribute to a substantial present or potential hazard to human health
or the environment when improperly processed, stored or applied; that
municipal sludge is a product of residential, commercial and industrial
users and contains pathogens, hazardous chemicals and other substances
from these users, some of which alone or in combination may be dangerous
if not properly managed; that such substances may include; among other
things, pesticides, pathogens (bacteria, viruses, protozoa and helminth
ova), carcinogenic materials, irritants, organics, biologicals, pharmaceuticals,
barium, fluoride, molybdenum, silver, cobalt, iron, lead, mercury,
nickel, copper, tin, vanadium, zinc, cadmium, sulfur, and a host of
other regulated and nonregulated deleterious and toxic substances;
that the quality and contents of sewage sludge and digestate waste
can vary greatly over time and location depending upon the nature
of its sources and the compliance with disposal regulations for these
and other hazardous substances.
(6)
Currently there exists a difference of opinion among experts as to
whether it can be dangerous for humans to consume crops and livestock
grown on land used for the processing, storage or application of municipal
sludge or digestate waste or to drink milk or consume food products
originating from land where sewage sludge and/or digestate waste has
been improperly processed, stored or applied; that until more definitive
information is available about the safety of sewage sludge and digestate
waste, there is a need for careful management of valuable farmland
where the sewage sludge or digestate waste may be processed, stored
or applied.
(7)
The Town's manpower and financial resources are such that the
Town would have serious difficulty regulating and monitoring the processing,
storage or application of sewage sludge or digestate waste generated
or originating outside of the Town while striving to effectively regulate
and monitor that which is generated within the Town; that the inability
of the Town to regulate and monitor the processing, storage or application
of sewage sludge and digestate waste coming into the Town from outside
sources could result in serious health problems for Town residents
and environmental damage to property within and adjacent to the Town.
(8)
Operation of aerobic or anaerobic digestion facilities, digestate
waste storage facilities and land application facilities in the Town
could unavoidably and adversely affect the Town in a manner that imposes
a heavy burden on its citizens which greatly outweighs any advantage
of having sludge and/or waste processing, storage or application available
and any economic benefit such private business may incur. Moreover,
the operation of these facilities is a subject of legitimate public
concern to the Town residents, making access to as much accurate and
current information about the scope and effect of proposed and actual
processing, storage and land application operations a necessity.
(9)
Based on the review of recent and respected academic articles, the
current federal and state regulations of aerobic and anaerobic digestion
facilities, digestate storage facilities and land application facilities
are insufficient to address or relieve the foregoing concerns. Moreover,
the regulations of the New York State Department of Environmental
Conservation memorialized in Subpart 360.4 are based on federal rules
first promulgated in 1992 at 40 CFR 503 ("EPA 503 Rule") which, in
turn, regulate the loading of only a small list of target heavy metals
and nutrients on agricultural soils and do not consider the reported
findings regarding numerous other chemicals (such as pharmaceuticals
and personal care products) found in biosolids which are not yet required
by the New York State Department of Environmental Conservation to
be tested for or evaluated despite their association with potential
adverse environmental and health effects such as endocrine disruption,
health impacts on livestock, movement to groundwater through facilitated
transport, and other concerns.
(10)
Therefore, it is the duty and intent of the Town Board to protect
the inhabitants of the Town of Elma through an exercise of its police
powers by regulating the siting of aerobic or anaerobic digestion
facilities, digestate waste storage facilities and land application
facilities and by requiring a robust and prudent utilization of the
Town's safety and health regulatory authority to ensure the continued
well-being of the Town citizenry and to ensure that the environment
will not be adversely affected when such facilities are situated within
the Town of Elma, regardless of the district's designation under
existing zoning ordinances.
B.
It is the purpose of the Town by this article, to:
(1)
Regulate and restrict the operations of aerobic and anaerobic digestion
facilities, digestate waste storage facilities and land application
facilities within the Town of Elma in order to promote a safe, uncontaminated,
hygienic, wholesome and attractive environment for the entire community.
(2)
Reduce the risk of pollution from aerobic and anaerobic digestion
facilities, digestate waste storage facilities and land application
facilities by restricting the scope and size of such activities.
(3)
Ensure that accurate and current information about proposed or actual
aerobic and anaerobic digestion facilities, digestate waste storage
facilities and land application facilities within the Town is available
to public officials and citizens.
(4)
Protect the residents of the Town from undesirable effects of aerobic
and anaerobic digestion facilities, digestate waste storage facilities
and land application facilities, including:
(a)
Potential and actual negative impacts, including, but not limited
to, odors, dust, aerosols, and noise.
(b)
Potential and actual deterioration in property values associated
with adjacent or nearby operations of such facilities that may interfere
with the orderly and safe development and operations of properties.
(c)
Potential and actual injury to human health and the environment.
(5)
Exercise the Town's powers under the Municipal Home Rule Law,
and the New York State Constitution, Article IX, § 2(c),
and the Town Law for the physical and mental well-being, health and
safety of its citizens and to regulate and restrict aerobic and anaerobic
digestion facilities, digestate waste storage facilities and land
application facilities pursuant to the specific authority of § 27-0711
of the Environmental Conservation Law and the Municipal Home Rule
Law which authorizes towns to impose stricter controls on waste disposal
operations than state law requires.
(6)
This article is intended to supplement and incorporate all applicable
requirements of any federal, state or local laws, including, but not
limited to, the Environmental Conservation Law[1] and 6 NYCRR (including Subparts 360-4 and 360-5) into
this article such that all information and documents required to be
produced to any local, state and federal regulator must be produced
to the Town as part of an application and operation permit of any
facility hereunder. All requirements of federal and New York State
law are incorporated herein by reference as requirements of this article
and all persons must document and produce to the Town that it can
satisfy these requirements, as well as the other requirements of this
article, in order to be granted a permit and to maintain a permit
with the Town of Elma. In the event of any inconsistency between this
article and other applicable local, state or federal law, the most
restrictive of such requirements shall apply and control.
[1]
Editor's Note: See NY Envir Conser § 1-0101
et seq.
(7)
This article is intended to regulate and does regulate aerobic and
anaerobic digestion facilities, disgestate waste storage facilities
and land application facilities that utilize municipal, hospital,
septage, sewage sludge, or industrial waste and does not regulate
organic agricultural digesters that utilize agricultural waste but
do not utilize municipal, hospital, septage, sewage sludge, or industrial
waste.
(8)
This article is not intended to be violative of the Town Agricultural
and Farmland Protection Plan, or the New York State Agriculture and
Markets Law.
[Amended 3-21-2018 by L.L. No. 2-2018]
A.
Unless indicated herein or unless the context shall otherwise require,
the terms and words used in this article shall have the same meaning
as those defined in Article 27 of the Environmental Conservation Law[1] and regulations promulgated by the New York State Department
of Environmental Conservation.
[1]
Editor's Note: See NY Envir Conser § 1-0101
et seq.
B.
AEROBIC DIGESTION FACILITY
AGRICULTURAL WASTE
AGRICULTURE
AGRONOMIC RATE
ANAEROBIC DIGESTION FACILITY
BEDROCK
BIOSOLID WASTE (also known as "BIOSOLIDS")
CERTIFIED APPRAISAL
CUMULATIVE LOADING LIMIT
DEC
DIGESTATE WASTE (also known as "BIOSOLIDS")
DISPOSAL
DOMESTIC SEWAGE
DRY WEIGHT BASIS
FACILITY
FEED CROP
FIBER CROP
FOOD CROP
INDUSTRIAL WASTE
LAND APPLICATION FACILITY
LEACHATE
NYCRR
OPERATOR
OWNER
PATHOGENIC ORGANISMS
PERSON
RUNOFF
SEPTAGE
SEWAGE SLUDGE
SITING AND OPERATING PERMIT
SOLID WASTE
SOLID WASTE MANAGEMENT
SOLID WASTE MANAGEMENT FACILITY
STORAGE
SURFACE WATER
TOWN
TRANSFER STATION
TREATMENT
UNTREATED SOLIDS
VECTOR ATTRACTION
WASTE-TO-ENERGY FACILITY
The following terms and words shall be defined as follows:
Any facility which accepts domestic sewage, manure, food
waste, fats, oils, greases, sludges resulting from the treatment process
at wastewater treatment plants (biosolids), energy crops, glycerin,
or silage waste for the purpose of producing digestate waste in the
presence of air.
Waste which includes both natural (organic) and nonnatural
wastes produced on a farm through various farming activities, but
does not include biosolids as defined herein.
All activities conducted by a farmer on a farm to produce
agricultural products and which are inherent and necessary to the
operation of a farm and the on-farm production, processing and marketing
of agricultural products, including, but not limited to, the collection,
transportation, distribution, storage and land application of animal
wastes; storage, transportation and use of equipment for tillage,
planting, harvesting, irrigation, fertilization and pesticide application;
storage and use of legally permitted fertilizers, limes and pesticides
all in accordance with local, state and federal law and regulations
and in accordance with manufacturers' instructions and warnings;
storage, use and application of animal feed and foodstuffs; construction
and use of farm structures and facilities for the storage of animal
wastes, farm equipment, pesticides, fertilizers, agricultural products
and livestock, for the sale of agricultural products and for the use
of farm labor, as permitted by local and state building codes and
regulations, including the construction and maintenance of fences.
The rate of the addition of nitrogen, phosphorus, potash
and micronutrients designed to provide the amount of such constituents
needed by the crop or vegetation grown on the land and to minimize
the amount of such constituents that pass below the root zone of the
crop or vegetation grown on the land to groundwater.
Any facility which accepts domestic sewage, manure, food
waste, fats, oils, greases, sludges resulting from the treatment process
at wastewater treatment plants (biosolids), energy crops, glycerin,
or silage waste for the purpose of producing biogas and digestate
waste in the absence of air.
Cemented and consolidated earth materials exposed on the
earth's surface or underlying unconsolidated earth materials.
Human sewage sludge and/or other solid waste that has been
treated as part of the aerobic and/or anaerobic digestion process
and meets local, state and federal standards for beneficial land application.
A valuation of property, certified by a duly licensed New
York State appraiser, which determines the fair market value of property
in accordance with all relevant professional criteria on the date
of the permit application or other required filing.
The maximum amount of metal, in pounds, that can be applied
from biosolids to an acre of land.
The New York State Department of Environmental Conservation.
Biosolid waste in liquid, semisolid or solid form and which
is a by-product of the aerobic or anaerobic digestion process and
meets local, state and federal standards for beneficial land application.
The deposit, discharge, distribution, dumping, injection,
leaking, placing, applying, removal, spilling, spreading, storage,
or transportation of any digestate waste into or on any land or water.
Any mixture of domestic sewage, regardless of source or origin,
or other waste that passes through a sewer system to a publicly owned
treatment works for treatment, including the contents of holding tanks,
portable toilets and septic systems.
Calculated on the basis of having been dried at 105°
C. until reaching a constant mass (i.e., essentially 100% solids content).
All contiguous land and structures or other improvements
used for aerobic or anaerobic digestion, digestate waste storage or
and application. Each such facility located on noncontiguous parcels
of land shall constitute a separate facility.
A cultivated plant or agricultural produce that is used as
a source of nourishment for farm animals.
A cultivated plant or agricultural produce that is used for
the manufacturing of paper, cloth or rope.
A cultivated plant or agricultural produce that is used as
a source of nourishment for human beings.
Solid waste generated by manufacturing or industrial processes.
Such processes may include, but are not limited to, the following:
electric power generation; fertilizer/agricultural chemicals; inorganic
chemicals; iron and steel manufacturing; leather and leather products;
nonferrous metals manufacturing/foundries; organic chemicals; plastics
and resins manufacturing; pulp and paper industry; rubber and miscellaneous
plastic products; stone, glass, clay and concrete products; textile
manufacturing; transportation equipment; and water treatment. The
forms of such wastes are exemplified by but not limited to: liquids
such as acids, alkalis, caustics, leachate, petroleum (and its derivatives),
and processes or treatment wastewaters; sludges which are semisolid
substances resulting from process or treatment operations or residues
from storage or use of liquids; solidified chemicals, paints or pigments;
and dredge spoil generated by manufacturing or industrial processes,
foundry sand, and the end or by-products of incineration or other
forms of combustion. This term includes oil or gas drilling, production,
and treatment wastes (such as brines, oil, and frac fluids); overburden,
spoil, or tailings resulting from mining; or solution mining brine
and insoluble component wastes. This term shall not include agricultural
food waste or vegetable oils, fats and greases from agricultural food
processing facilities.
A facility used for the storage or disposal of digestate
waste from a solid waste management facility for agricultural use
of biosolids, waste, sludge, and other permitted land-applied solid
wastes to the soil surface or injected into the upper layer of the
soil as defined under the solid waste management regulations in 6
NYCRR 360.4 and elsewhere.
A liquid, including any suspended components in the liquid,
which has been in contact with or passed through solid waste.
New York Codes, Rules and Regulations, as they exist upon
the effective date of this chapter and as may thereafter be amended.
The person responsible for the operation of a solid waste
management facility.
The person who owns all or any part of the real property
and/or improvements upon which an aerobic or anaerobic digestion facility,
digestate waste storage facility, or land application facility is
operated.
Disease-causing organisms, including, but not limited to,
certain bacteria, viruses, protozoa and viable helminth ova.
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.
Any rainwater, leachate or other liquid that drains over
land from any part of a facility.
The contents of a septic tank, cesspool or other individual
sewage treatment facility which receives domestic sewage wastes. Septage
is a form of sewage sludge.
Any solid, semisolid or liquid waste generated or disposed
from a commercial, industrial, municipal, public or private wastewater
treatment plant, water supply treatment plant, air pollution control
facility, or sewage treatment plant.
The permit issued by the Town which allows for the siting,
construction, expansion, modification or operation of an aerobic or
anaerobic digestion facility, digestate waste storage facility or
land application facility within any zoning and/or use district within
the Town of Elma.
All putrescible and nonputrescible materials or substances
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, garbage, refuse, industrial or commercial waste,
biosolid waste and digestate, sludges from sewer or water-control
facilities, rubbish, ashes, contained gaseous material, incinerator
residue, demolition and construction debris.
The purposeful and systematic transportation, storage, processing,
recovery and disposal of solid waste.
Any facility employed beyond the initial solid waste collection
process, including, but not limited to, transfer stations; baling
facilities; aerobic or anaerobic digestion facilities and associated
storage facilities; land application facilities; treatment facilities;
rail haul or barge haul facilities; processing facilities, including
resource recovery equipment or other facilities to reduce or alter
the volume, chemical or physical characteristics of solid waste; sanitary
landfills; plants and facilities for composting, compacting or pyrolization
of solid wastes; incinerators; burial facilities; industrial waste
processing, medical waste processing, or waste disposal facilities;
storage areas associated with any of the foregoing; and storage lagoons
for sanitary landfills.
The containment of any solid waste, either on a temporary
basis or for a period of years, in such a manner as not to constitute
disposal of such waste.
Lakes, ponds, impounding reservoirs, springs, rivers, streams,
creeks, estuaries, marshes, and all other bodies of surface water,
natural or artificial, public or private.
The Town of Elma. Whenever this chapter refers to any action
which is to be taken or authorized by the "Town," the provisions shall
be deemed to refer to the Town Board unless otherwise specified.
A combination of structures, machinery or devices at a place
or facility where solid waste is taken from collection vehicles and
placed in other transportation units for movement to another solid
waste management facility.
Any method, technique or process, including neutralization,
designed to change the physical, chemical or biological character
or composition of any solid waste to neutralize such waste, recover
energy or material resources from the waste, to render such waste
safer to transport, store or dispose of, or amenable for recovery,
storage or reduction in volume.
The organic materials in biosolids that have not been treated
in either an aerobic or anaerobic treatment process.
The characteristic of certain solid waste that attracts rodents,
flies, mosquitos, or other organisms capable of transporting infectious
agents.
Any industrial waste or solid waste disposal operation, recycling
operation, sanitary landfill, and aerobic or anaerobic digestion facility.
All relevant sections of Article 27 of the New York State Environmental
Conservation Law, Titles 6 and 7 of NYCRR (including, but not limited
to, 6 NYCRR 360.4 and 360.5), the Clean Water Act, 33 U.S.C. § 1251
et seq., the Resource Conservation and Recovery Act[1], 40 U.S.C. § 6901 et seq., and 40 CFR Part 503,
as each is amended from time to time, are deemed to be included within
and as part of this article, and any violation thereof shall be considered
to constitute a violation of this article. Nothing contained herein
shall be construed as changing, modifying or amending the Town's
Zoning Law,[2] and all requirements shall be construed as being in addition
thereto and by virtue of the power granted to the Town under the Town
Law.[3]
A.
No person shall site, construct, modify, expand, or operate an aerobic
or anaerobic digestion facility, digestate waste storage facility,
or application facility without a siting and operating permit issued
by the Town Board pursuant to the provisions of this article and all
incorporated applicable local, state and federal laws and regulations.
Prior to any siting, construction, modification, expansion or operation
of any such facility, a siting and operating permit shall be required,
following a public hearing.
B.
The term or period of any such permit shall be determined by the
Town Board utilizing the criteria set forth in this article, but shall
be no less than one year and no more than a three-year period.
C.
No permit issued pursuant to the provisions of this article shall
be transferable to any other person, firm or corporation unless the
original permit clearly provides otherwise.
A.
Existing aerobic and anaerobic digestion facilities, digestate waste
storage facilities and land application facilities.
(1)
The owner or operator of any aerobic or anaerobic digestion facility,
digestate waste storage facility or land application facility which
is operative in the Town as of the effective date of this article
shall submit an application for a siting and operating permit within:
(2)
A complete application for existing facilities which is timely submitted
shall be deemed a valid siting and operating permit until such application
is acted upon. If a submitted application is deemed incomplete by
the Town Board, the subject applicant shall be notified in writing
of such defect and shall be given an additional period of 30 days
to complete the application. Failure to do so within such thirty-day
extension period shall result in automatic denial of the application.
(3)
If the permit applicant's activity or business of an existing
facility presently complies with the requirements required to secure
a permit in the first instance, then the applicant shall be issued
a permit therefor if the applicant meets the other requirements contained
herein. If the applicant's activity or business does not comply
with the requirements a person must meet to secure a permit in the
first instance, the applicant may, at the Town's sole discretion,
be granted a temporary permit for up to one year, during which time
the applicant must arrange the activity or business so that it does
then comply with the requirements a person must meet to secure a permit
in the first instance. If, at the end of such extension, such person
has not so arranged his activity or business to comply with the requirements
in this chapter, then the applicant shall forthwith cease and desist
engaging in or conducting the same and shall remove from such place
any materials of the nature described herein.
(4)
In addition to the application content requirements hereinafter enumerated,
all applications submitted under this subsection shall also include:
(a)
All information and documents required under local, state or
federal law, including, but not limited to, Article 27 of the Environmental
Conservation Law[1] and 6 NYCRR 360.4 and 360.5 (which are incorporated by
reference) which shall be submitted to the Town and approval by the
Town as part of an application for a permit under this article. In
the event of any inconsistency between this article and New York State
law, the stricter requirement shall apply.
[1]
Editor's Note: See NY Envir Conser § 1-0101
et seq.
(b)
A detailed report describing the plan of operation [including,
but not limited to, anticipated volume(s) of waste involved, anticipated
method of treatment of waste, method(s) of transport, frequency of
operation(s), source(s) of waste involved, and relevant time period(s)],
and a contingency plan setting forth in detail a proposal for temporary
and/or permanent corrective or remedial actions to be taken [and the
timing of said action(s)] in the short term and the long term in the
event of equipment breakdowns, soil, groundwater, surface water or
air contamination resulting from the facility's operation, fires,
spills, and unpermitted releases of waste materials to the environment.
(c)
A detailed description of pathogen content (certified by a licensed
New York State testing laboratory) (tested at least twice annually);
an MSDS of the wastes(s) involved (if available); and a plan for pathogen
treatment and/or pathogen reduction of the source material for the
facility to meet levels required to be implemented before land application
under this article.
(d)
A detailed plan for vector control and vector attraction reduction
proposed to be implemented before and after land application.
(e)
A waste management plan and nutrient management plan, as appropriate,
detailing solid waste content information [both "baseline" (certified
by a qualified New York State licensed testing laboratory) and proposed
after application], waste management practices for all waste, treatment
alternatives considered and available, storage plans, storm soil and
groundwater sampling and analysis plans, waste application plans (including
monitoring and reporting), and contingency plans.
(f)
If the person conducting such activity or business is not the
sole owner thereof, the applicant shall state such fact and the details
of ownership, duration of ownership, insurance, proposed time(s) of
operation and financial condition and viability at the time the applicant
applies for the temporary permit, and the Town Clerk at the time of
issuing such temporary permit shall send the owners or each of them
a notice of the issuance of such temporary permit to each such person,
together with a copy of this chapter.
B.
Proposed aerobic or anaerobic digestion facilities, digestate waste
storage facilities and land application facilities; and expansion
and modification to existing facilities.
(1)
Any person who proposes to site, construct or operate an aerobic or anaerobic digestion facility, digestate waste storage facility or a land application facility in any zoning district of the Town or who proposes to site, construct, expand, modify or operate any phase of any existing such facility, shall submit a complete application for a siting and operation permit to a duly authorized agent of the Town. The proposed date to commence any such siting, construction, modification, expansion or operation cannot occur less than 90 days after the date of receipt and acknowledgement of the application by the Town. No such activities shall take place without prior Town Board review and approval pursuant to the procedures set forth in § 50-8 herein. The following acts are deemed to be modifications and expansions which require permits:
(a)
Increase of the facility operation by acquisition, purchase,
lease or otherwise of additional land which was not the subject of
or included in any prior application submitted under this article.
(b)
Increase in the total quantity of waste received during any
quarter at the facility by 20% or more over the total quantity of
waste received during the comparable quarter of the preceding year
(except where such increase is not in excess of the previously approved
operating capacity of such facility for such time period), or where
there has been a material change in the type, kind or quantity of
waste previously approved.
(c)
Movement of aerobic or anaerobic digestion operations, digestate
waste storage operations, or land disposal operations to a portion
of property already owned, leased or otherwise held by the facility
which was not the subject of any operation included in any prior application
submitted and approved under this article.
(d)
Expansion of the facility operation by the installation of additional
processing equipment which increases the design capacity of the facility
or which changes the facility process, or where such expansion or
construction increases the height of an existing facility or increases
the outside dimensions of the facility.
(2)
In addition to the application content requirements hereinafter enumerated in § 50-7, all applications submitted under this subsection shall also include the following:
(a)
All information and documents required under local, state and
federal law (including, but not limited to, Article 27 of the Environmental
Conservation Law[2] and 6 NYCRR 360.4 and 360.5) (incorporated by reference),
which must be provided to the Town and approved by the Town as part
of any application for a permit under this article. In the event of
inconsistency between this article and New York State law, the more
restrictive shall apply.
[2]
Editor's Note: See NY Envir Conser § 1-0101
et seq.
(b)
As applicable, a detailed engineering plan, stamped and sealed,
and specifications reflecting the proposed siting, construction, expansion,
modification or operation.
(c)
A detailed description of pathogen content (certified by a New
York State licensed testing laboratory) and a detailed plan for pathogen
treatment and/or pathogen reduction to be implemented before land
application.
(d)
A detailed plan for vector control and/or vector attraction
reduction to be implemented before and after land application.
(e)
A waste management plan detailing solids and waste content information,
proposed waste management practices for all waste treatment alternatives
considered and available, storage plans, soil and groundwater sampling
and analysis plans, planned application quantities and rates, monitoring
and reporting plans, and contingency plans.
(f)
A nutrient management plan submitted to establish estimated
waste quantities and waste application rates based on soil characteristics,
sludge characteristics, nutrient loading, and potential or planned
crop growth.
(g)
A detailed report describing a plan of operation and a contingency
plan setting forth, in detail, a proposal for corrective or remedial
action to be taken in the event of equipment breakdowns and soil,
groundwater, surface water or air contamination resulting from the
facility's operation, fires, spills, and unpermitted releases
of waste materials to the environment.
(h)
Evidence of compliance with all Town ordinances; Public Service
Law;[3] the New York State Agriculture and Markets Law[4] regulating agricultural activity; the Environmental Conservation
Law[5] of the State of New York; 40 U.S.C.; local, state and
federal wetlands and flood control laws; and the respective regulations
thereunder.
A.
All applications for a permit for the siting, construction, modification,
expansion or operation of a facility shall include an application
to the Town Board upon a form prescribed by said Town Board.
B.
The applications shall be accompanied by any other data the Town
Board reasonably requires to determine the feasibility of issuance
or denial of a permit, including all information and documents required
under state and federal law, including, but not limited to, Article
27 of the Environmental Conservation Law and 6 NYCRR 360.4 and 360.5;
and such information and documents as may be required by the New York
State Environmental Quality Review Act (SEQRA)[1]
[1]
Editor's Note: See NY Envir Conser § 8-0101
et seq.
C.
All applications shall contain the following:
(1)
The full name of the person seeking a permit and whether that person
is an individual, corporation, partnership, joint venture, or other
legal entity; if the applicant is not an individual, the application
shall set forth the names of all parent corporations, shareholders,
partners, joint ventures, or other beneficial owners of the entity
seeking a permit, unless the applicant is a publicly held corporation,
and the names of all officers of an applicant that is a corporation,
and officers and shareholders of any parent corporations.
(2)
Whether the applicant has ever been convicted of a felony or misdemeanor.
(3)
A description of the exact type of business the applicant intends
to conduct, including the nature of the materials to be handled and
wastes to be generated, including any applicable MSDS information.
(4)
Each application shall contain an emergency contact telephone number
for the property owner and facility operator (updated annually).
(5)
Engineering plans (sealed and stamped), reports and specification
prepared by a person or firm registered to practice professional engineering
in the State of New York.
(6)
The location of all boundaries certified by a person or firm legally
qualified to practice land surveying in New York State. If the boundaries
of the area under permit do not change, the original survey obtained
may be utilized for any permit renewal within 10 years of the original
survey.
(7)
The applicant shall provide in his application a soil map from the
Natural Resource Conservation Service (United States Department of
Agriculture), hydrogeological report (including groundwater depth
during the various times of the year), survey of area drainage and
proposed location of monitoring wells.
(a)
Baseline and annual analytical testing (consistent with Erie
County Health Department Standards and certified by a qualified New
York State licensed laboratory) of representative domestic/private
water wells (if accessible by permission of the property owner upon
which each such well is located, which permission shall be sought)
upgradient, downgradient and on a lateral gradient from the facility
for constituents set forth in this article and any other constituents
of concern to the Town, as identified during the permitting process,
and a demonstration that the facility has satisfied all applicable
standards of operation as enumerated in the Environmental Conservation
Law of the State of New York[2] and regulations thereunder, by demonstrating specific
means for meeting such standards, unless:
[1]
A reasonable schedule of specified actions, with interim and
final attainment dates, for achieving compliance with the dictates
of this article, 6 NYCRR 360 (including, but not limited to, 360.4
and 360.5), and 40 U.S.C. and the Code of Federal Regulations, is
submitted to the Town Board within 30 days of notification by the
Town Board that such a schedule is required; and provided further
that such schedule is approved by the Town Board; or
[2]
Editor's Note: See NY Envir Conser § 1-0101
et seq.
(8)
A proposed detailed plan for the closure of the facility compliant
with state and federal law to be implemented when use of the facility
or the useful life of the facility permanently terminates.
(9)
A proposed plan for the monitoring of all activities on each parcel
of the facility by personnel of the Town of Elma or persons authorized
by the Town of Elma whereby such monitoring personnel or persons shall
be allowed access to the facility at regular stated times and also
any other time deemed necessary by the Town Engineer, Code Enforcement
Officer or the Town's consulting engineers, or other qualified
person approved by the Town.
(10)
All methods and actions to be utilized are to satisfy the dictates
of all applicable standards of design and operations, as enumerated
or incorporated in this article and/or by 6 NYCRR (including, but
not limited to Subparts 360.4 and 360.5) (which are incorporated herein).
In the event of inconsistency between this article and New York State
law, the more restrictive shall apply. Results shall be submitted
to the Town simultaneously with any submission or production to any
other local, state or federal regulatory agency. The applicant promptly
shall submit to the Town, with the application thereafter during the
period of the permit, a copy of all correspondence regarding the facility
between the landowner and/or applicant/permittee and/or any applicable
federal, state or local regulatory agency and a copy of all applicable
federal, state and local permits or permit applications or any correspondence
or filings related thereto.
(11)
In the application, the applicant shall agree that if granted the
permit applied for, the applicant will conduct the activity or business
pursuant to this article and other local, state or federal law as
the regulations set forth herein and that, upon his failure to do
so, such permit may be revoked forthwith.
(12)
If the person conducting such activity or business is not the sole
owner thereof, the applicant shall state such fact at the time the
applicant applies for the permit, and the Town Clerk at the time of
issuing such permit shall send the owners or each of them a notice
of the issuance of such permit to such person, together with a copy
of this chapter.
(13)
In the case of an aerobic or anaerobic digestion facility, digestate
storage facility or land application facility, there shall be submitted,
where relevant and in addition to the above requirements, a waste
management plan and a nutrient management plan and reports as required
in 6 NYCRR 360.4 and 360.5 detailing material data on the solids and
waste to be applied, a solids or biosolids management plan, treatment
alternatives considered, a storage plan, an application plan (including
monitoring and reporting), and contingency plans. The applicant shall
also provide a detailed description of pathogen content (certified
by a New York State licensed testing laboratory), a plan for pathogen
treatment and/or pathogen reduction to be implemented before land
application, as well as a detailed plan for vector control and/or
vector attraction reduction to be implemented before and after land
application.
(14)
All applications shall be accompanied by evidence of authority to
sign the application and shall be signed as follows:
(15)
Applications shall be sworn to, by or on behalf of the applicant
in respect to all statements of fact therein or shall bear an executed
statement by or on behalf of the applicant, pursuant to the New York
State Penal Law § 210.45, to the effect that false statements
made therein are made under penalty of perjury.
(16)
Fees and expenses.
(b)
Throughout the permitting process and during the life of any
permit, the applicant shall also be responsible for and shall promptly
pay all costs and expenses reasonably incurred by the Town to review
and process the application, to comply with this article, and as provided
under the Environmental Quality Review Act (SEQRA)[4] and regulations promulgated thereunder.
[4]
Editor's Note: See NY Envir Conser § 8-0101
et seq.
(17)
In addition to the application fee provided above and the cost of
SEQRA compliance, the applicant shall acknowledge and be responsible
for the costs and expenses incurred by the Town and/or the applicant
or permittee for the testing and analysis of materials deposited in
or placed upon any facility, or of any soils, or any surface or groundwaters
on or adjacent to said facility during the permitting process and
during the life of any permit granted under this article. Such tests
shall be conducted at laboratories or facilities approved by the State
of New York and the Town Board.
(18)
Each applicant shall demonstrate that the facility will not have
adverse impact upon the environment of the Town of Elma, the health
and safety of Town residents, businesses, and visitors, and local
land use and planning, and the Town Board, Planning Board and Conservation
Advisory Board shall approve an application only after careful consideration
of the above criteria and requirements.
A.
Consultations.
(1)
Upon determination by the Code Enforcement Officer that an application
under this article is complete, the Town Board shall refer the complete
application to the Town Planning Board and/or Conservation Advisory
Board for study and recommendations upon receipt of said complete
application, and each shall report to the Town Board within 90 days
of such referral.
(2)
In addition, the Town Board may in its discretion refer the application
to the county, regional or state agencies and to private engineers
and consultants for their review and comment, and may also require
additional tests or environmental studies, which shall be paid for
by the applicant, to assist the Town Board in evaluating the proposed
action. In conjunction with the consideration of any permit required
under this article, the Town shall contemporaneously conduct any proceeding
required by Article 8 of the Environmental Conservation Law.
(3)
When determining the feasibility of issuing town permits for a proposed
aerobic or anaerobic digestion facility, digestate waste storage facility
or land application facility or the proposed modification or expansion
of any such existing facility, the Town Board shall not issue said
permit unless the submitted engineering data and construction plans
have been approved by the Town Engineer, Code Enforcement Officer
or the Town's consulting engineers and after the Town Board and
the applicant have complied with the dictates of the Environmental
Quality Review Act of the State of New York (SEQRA).
B.
Scheduling of public hearing. Within 60 days of receiving recommendations
from the Town Planning Board and/or the Conservation Advisory Board
pursuant to this chapter, the Town Board shall hold a public hearing.
The Town Board may schedule additional public hearings if it chooses.
C.
Advertisement of public hearing. The time and place of the public
hearing shall be advertised in the official paper of the Town at least
20 days prior to the date of the hearing. The Town Board may also
post the site of the proposed action and use other means to advertise
the public hearing.
D.
Decision. Within 60 days after the final public hearing or such longer
period as may be agreed upon, in writing, by said Town Board and applicant,
the Town Board shall render its decision: approval, approval with
modification and/or conditions, or disapproval. If an application
is disapproved, the Town Board shall notify the applicant of such
decision and state, in writing, its reasons therefor.
E.
Criteria for decision. The Town Board, in rendering its decision,
shall consider the following:
(1)
The overall impact of the proposed action on the environmental conditions
and on human health and safety within the Town and the surrounding
community.
(2)
With regard to nonagricultural digesters and storage facilities,
the adequacy, type and arrangement of trees, shrubs, and other landscaping
constituting a visual and/or noise buffer between the applicant's
and adjoining lands, including the maximum retention of existing vegetation.
(3)
Protection of on-site and nearby soils, and surface and groundwaters
from contamination in violation of this article.
(4)
Protection against airborne dust or aerosols containing the parameters listed in § 50-15A(8)(a) below.
(5)
Protection of residents and neighboring properties against contamination
or other objectionable features in violation of this article.
(6)
Adequacy of the proposed plans for emergency, corrective or remedial
actions.
(7)
Existing facilities. Within four years of the effective date of this
article or six months before the expiration of its existing permit
(whichever is shorter), a permit shall be issued for an aerobic or
anaerobic digestion facility, digestate waste storage facility or
land application facility in operation as of the effective date of
this article, only if it has been demonstrated that said facility
has complied with the standards of operation as set forth in the Environmental
Conservation Law[1] and other New York State law, 6 NYCRR (including, but
not limited to, Subparts 360.4 and 360.5), 40 U.S.C. and 40 CFR Part
503, and this article and all Town laws; otherwise, such permit shall
be denied and the facility shall thereafter accept no new waste but
shall have 90 days to cease operations and complete restorative measures.
[1]
Editor's Note: See NY Envir Conser § 1-0101
et seq.
(8)
Proposed facilities. A permit shall be issued for a proposed aerobic
or anaerobic digestion facility, digestate waste storage facility,
or land application facility only if the proposed construction thereof
is demonstrated to be in accordance with the standards of operation
as set forth in the Environmental Conservation Law and other New York
State law, 6 NYCRR (including, but not limited to, Subparts 360.4
and 360.5), 40 U.S.C. and 40 CFR Part 503, and this article and all
Town laws; otherwise, such permit shall be denied.
A.
As a condition of the issuance of any permit under this article,
the Town shall require the following bonds or insurance issued by
a bonding, surety or insurance company acceptable to and in an amount
sufficient to reimburse the Town against any damages or expenses incurred
by the Town in enforcing this chapter or in remedying any violation
thereof, including, but not limited to, the following:
(1)
Performance bond to ensure proper performance of the siting and operation
of the facility pursuant to the details of the application, the dictates
of this article and all other local, state and federal laws.
(2)
Restoration bond to ensure that all restoration and/or remediation
work is completed pursuant to the plan submitted with the application,
the dictates of this article and all other local, state and federal
laws.
(3)
Penalty bond to ensure that all fines and penalties levied and judgments
secured pursuant to this article or other local, state and federal
laws are promptly tendered and satisfied.
B.
In determining the minimum amount of such bond and/or undertaking,
the Town shall determine the amount of such undertaking having due
regard for the size of the facility and the amount of aerobic or anaerobic
digestion waste or digestate waste being received, deposited, processed,
treated, stored or applied therein; but it shall not be less than
the greater of: $1,000,000, or three times the total fair market value
of the land (as determined by certified appraisal) upon which the
facility is located as shown on the current assessment roll of the
Town. Said undertaking shall be kept in full force and effect at all
times.
C.
Proof of liability insurance covering injuries to person and property
with a minimum coverage limit of at least $2,000,000 per occurrence.
The Town reserves the right to require that it be named as an insured
on any policy required hereunder.
D.
The terms and conditions of all such bonds shall be clearly set forth
in detail on the permit, including the amounts of such bonds and insurance.
A.
Any permit holder who intends to continue siting, construction, modification,
expansion or operations beyond the period of time permitted in such
original permit must file for reissuance of such permit at least six
months prior to its expiration. Filing for reissuance shall be made
by the permit holder on a form prescribed by resolution of the Town
Board and available from the Town Clerk or, if no such forms are prescribed,
then on the same form as was previously filed. The provisions of this
article relative to submittal and processing of initial applications
shall apply to reissuance applications under this section.
B.
Upon review of a request for reissuance, the Town Board shall determine
whether the application is in compliance with or has substantially
complied with all terms, conditions and requirements of the expiring
permit of this article and all local, state and federal laws, and
all regulations thereunder:
(1)
When the Town Board, after a public hearing, determines in the affirmative,
the permit may be reissued.
(2)
When the Town Board determines in the negative or if other circumstances
exist which indicate noncompliance with any provisions of this article
or original permit, the Town Board shall take appropriate action to
secure compliance, including, but not limited to, a denial of reissuance.
A.
If the continuation of a permit may result in injury to any person
or the environment, any permit issued pursuant to this article shall
be modified, suspended or revoked, in whole or part, during its term,
upon a minimum of 10 days' notice and opportunity for a hearing,
for cause, including, but not limited to, the following:
(1)
Violation of any part of this article, the terms of a permit issued
pursuant to this article or other local, state or federal laws or
any regulations thereunder;
(2)
The Town Board shall also consider any previous violations of this
article, any local, state or federal law; or the terms of any permit;
(3)
Obtaining a permit by misrepresentation or failure to fully disclose
all relevant facts; or by making materially false or inaccurate statements
or information in any application for a permit; or
(4)
The continuation of such permit would not be in the interest of the
health, safety and welfare of the residents, businesses or other persons
of the Town of Elma.
B.
In the case where, in the Town Board's judgment, the continuation
of a permit pursuant to this article would result in immediate and
irreparable injury to the Town, any person or the environment, any
permit issued pursuant to this article may be modified, suspended
or revoked upon less than 10 days' notice by application to a
court or tribunal of competent jurisdiction.
C.
The Town Board may revise or modify the terms of an issued permit
if it determines good cause exists for such revision.
A.
Any person who violates any provision of this chapter or any permit
issued hereunder, including, but not limited to, a false statement
or exhibit submitted as part of an application to site, construct,
expand, modify or operate a facility, shall: have its permit revoked
and be barred from reapplying for a permit for at least three years;
and be guilty of a violation and shall be punishable by a fine of
up to $250 or up to 15 days in jail, or both. Each day of continued
violation shall be deemed a separate violation of this chapter.
B.
This chapter may be enforced by the Code Enforcement Officer of the
Town. Any such enforcement official is authorized to issue an appearance
ticket, any information, or any other appropriate accusatory instrument,
in the manner provided by any pertinent ordinances or local laws of
the Town, to the owner or operator of the facility as well as to any
other person who is violating the provisions of this article.
C.
Civil remedies. Nothing in this chapter shall be deemed to impair
or diminish any cause of action or remedy which the Town or any other
person may have under any other local law, under any statute, ordinance
or regulation or under local, state or federal statutory or common
law; provided, however, that, in the case of a conflict, those terms
or rules of law shall control which are the most restrictive upon
the facility. In addition thereto, the Town may enforce this chapter
by court injunction.
D.
Liability for expenses. Any person adjudged in a criminal or civil
proceeding to have violated this chapter shall be liable to the Town
for all expenses incurred by the Town in connection with the proceeding,
including the reasonable attorneys' fees and expenses of the
Town in connection therewith.
The Town Board may hire a person with suitable qualifications
approved by the Town as the on-site agent for the Town of Elma at
the applicant's expense. Said agent shall have the following
duties:
A.
To monitor the facility and determine whether an operator is complying
with this article, all siting and operating permits and zoning requirements
and the requirements of all Town laws and ordinances.
B.
To inspect, to test, and/or have tested all waste received, treated,
processed, stored, applied or placed upon any facility, or to test
any soils, surface waters or groundwaters at or adjacent to said facility
and report on his or her findings to the Town Board at such times
as the Town Board requires regarding the operation of the facility,
which reporting shall occur at least one time per year.
A.
The permittee must personally manage or be responsible for the management
of the activity or business for which the permit is granted.
B.
The Town Board, members of the Erie County Sheriff's office,
members of the New York State Police, the Code Enforcement Officer,
any governmental agencies with jurisdiction over the permitted activity,
and any person or persons appointed by the Town Board shall be granted
access to the area of activity or business of the permittee at all
reasonable hours to inspect the same and test or inspect for compliance
herewith.
C.
The permittee shall file with the Town Clerk, on the yearly renewal
date, documentation that the permittee's employees have been
trained to perform the permitted activities, and its compliance with
this article and the laws of the State of New York, including, but
not limited to, 6 NYCRR Subparts 360.4 and 360.5.
D.
The permittee shall file with the Town Clerk, on the annual renewal
date, a list of the employees authorized to perform the permitted
activities.
A.
Sewage sludge and/or digestate waste processing, treatment, storage,
discharge, disposal, and land application; operational requirements.
The following requirements shall apply:
(1)
All land application facilities shall comply with all applicable
requirements of 6 NYCRR Subparts 360.4 and 360.5 (which are incorporated
by reference herein). In the event of inconsistency between this article
and New York State law, the more restrictive shall apply.
(2)
Digestate waste destined for land application shall undergo pathogen
treatment prior to application in accordance with 40 CFR Subpart 503D.
In the event 40 CFR Subpart 503D requires site restrictions because
of the class of pathogen treatment, the site restrictions required
shall be the more restrictive of those included in:
(3)
Digestate waste destined for land application must not exceed the
following contaminant concentrations:
|
Average Monthly Concentration
| ||
|---|---|---|
|
Parameter
|
mg/kg, Dry Weight
|
Maximum Concentration
|
|
Mercury (Hg)
|
10
|
57
|
|
Cadmium (Cd)1
|
21
|
85
|
|
Nickel (Ni)
|
200
|
420
|
|
Copper (Cu)
|
1,500
|
4,300
|
|
Lead (Pb)
|
300
|
840
|
|
Chromium (Cr)
|
1,000
|
1,000
|
|
Zinc(Zn)
|
2,500
|
7,500
|
|
Arsenic (As)
|
41
|
75
|
|
Selenium (Se)
|
100
|
100
|
|
Molybdenum (Mo)
|
40
|
75
|
|
Note:
| |
|
1
|
If the monthly average cadmium concentration exceeds 5 ppm,
dry-weight basis, the cadmium/zinc ratio must not exceed 0.015.
|
(a)
If a waste contains heavy metals or other pollutants at concentrations
greater than those set forth in 6 NYCRR 360.4 or 360.5, a facility
cannot continue to operate until the permittee has implemented an
identification and abatement program and compliance has been achieved
to assure that the waste has continuously met the quality parameters
of this subsection for a period of at least six months.
(4)
All digestate waste must be stabilized to reduce pathogens before
land application by one of the methods listed below. Land application
of digestate waste that has been stabilized by chlorine oxidation
is prohibited.
(a)
Aerobic digestion. This is conducted by agitating the waste
with air or oxygen to maintain aerobic conditions at a mean cell residence
time of at least 60 days at 15° C. or greater, to 40 days at 20°
C. or greater, with a volatile solids reduction of at least 38%.
(b)
Air drying. Liquid waste must be allowed to drain or dry on
sand beds, or on paved or unpaved basins, in which the digestate waste
must not exceed a depth of nine inches. The waste must remain in the
drying bed a minimum of three months. During at least two of the three
months, the ambient air temperatures must average, on a daily basis,
above 0° C.
(c)
Anaerobic digestion. The waste is digested in the absence of
air at a mean call residence time of at least 60 days at 20° C.
or at least 15 days at 35° C. to 55° C., with a volatile solids
reduction of at least 38%.
(d)
Lime stabilization. Sufficient lime must be added to the waste
to produce a pH of 12 throughout the waste for at least two hours
of contact. Such waste must be thoroughly mixed with the lime.
(e)
Composting. Using the within-vessel, aerated static pile or
windrow composting methods, the temperature of the waste is raised
to 40° C. or higher and remains at 40° C. or higher for five
consecutive days. For at least four consecutive hours during the five
days, the temperature in the compost pile must exceed 55° C.
(f)
Other methods. Other methods or operating conditions may be
acceptable if pathogens and vector attraction of the waste are reduced
to an extent equivalent to the reduction achieved by any of the above
methods and it is approved by the Town and the NYSDEC.
(5)
For land application of digestate waste, one of the following vector
attraction reduction requirements must be met:
(a)
Injection. Digestate waste shall be injected below the surface
of the land and no significant amount of the waste shall be present
on the land surface within one hour after the waste is injected.
(b)
Incorporation. Digestate waste applied to the land surface shall
be incorporated into the soil within six hours after application.
(6)
The following site restrictions shall be implemented:
(a)
Food crops with harvested parts that touch the septage/soil
mixture and are totally above the land surface must not be harvested
for 18 months after land application.
(b)
Food crops with harvested parts below the surface of the land
must not be harvested for 40 months after land application.
(c)
Food crops, feed crops, and fiber crops shall not be harvested
for 45 days after application of digestate waste where these crops
grow above the soil with harvested parts which do not touch the digestate
waste.
(e)
Turf grown on land where waste is applied shall not be harvested for one year after application of the digestate waste when the harvested turf is placed on either land with a high potential for public exposure or a lawn, unless otherwise specified by the Town. Public access requirements of Subsection A(22) must be complied with.
(7)
The land applier of digestate waste must sign a certification statement
stating that: "The information that will be used to determine compliance
with this chapter has been prepared under my direction and supervision
in accordance with the system designed to ensure that qualified personnel
properly gather and evaluate this information. I am aware that there
are significant penalties for false certification, including the possibility
of fine and imprisonment." Written permission from the landowners
must be obtained for all lands where land application will occur.
A multiparty certificate indicating who will be responsible for each
applicable operation requirement must be complete and followed.
(8)
Annual waste, soil and groundwater testing at the facility is required.
(a)
Waste, soil and groundwater must be sampled and analyzed in
accordance with the following:
|
Parameters
| ||
|---|---|---|
|
Group A
|
Group B
|
Group C
|
|
Nitrogen
|
Arsenic
|
Extended parameters
(See Table 2 under 6 NYCRR Part 360.5)
|
|
Total Kjeldahl
|
Cadium
| |
|
Ammonia
|
Chromium
| |
|
Nitrate
|
Copper
| |
|
Total phosphorus
|
Lead
| |
|
Total potassium
|
Mercury
| |
|
pH
|
Molybdenum
| |
|
Total solids
|
Nickel
| |
|
Total volatile solids
|
Selenium
| |
|
Zinc
| ||
(b)
The minimum number of analyses required with permit application
and during operation are as follows:
|
Waste Applied
(dry tons/year)
|
Number of Analyses
| |
|---|---|---|
|
Groups A and B
(per year)
|
Group C
| |
|
Greater than 1,000
|
12
|
2
|
|
200 to 1,000
|
6
|
1
|
|
Less than 200
|
1
|
0
|
(c)
Analyses for other pollutants may be required by the Town Board,
on a case-specific basis, based on information from the pretreatment
program and other sources, including reputable scholarly articles.
(d)
All analyses must be performed by a laboratory certified by
the New York State Department of Health for that type of analysis,
using methods acceptable to the Department and the Town, unless use
of an alternate laboratory or method is authorized by the New York
State Department of Environmental Conservation. Copies of the original
laboratory results must be included with the permit application.
(e)
The analysis requirement may be satisfied in part or in whole
by recent samples analyzed for and reported to the New York State
Department of Environmental Conservation, if approved by the Department
and the Town.
(f)
All samples must be representative of the waste to be land-applied.
(g)
After the wastes have been monitored for two years at the frequency
outlined in this subsection, the Town may reduce the annual number
of Group C analyses required if the waste quality is consistently
below the quality standards and is not accumulating.
(9)
The minimum horizontal distance (i.e., "buffer zones") from the perimeter
of the site to be used for land application of waste must meet or
exceed the following:
|
Item
|
Minimum Horizontal Separation Distance
(feet)
| |
|---|---|---|
|
Drainage swale
|
50
| |
|
Property line
|
100
| |
|
Surface water body
|
200
| |
|
Residence, place of business or public
|
1,000
| |
|
contact area1
| ||
|
School
|
1,000
| |
|
Food processing business regulated by the New York State Department
of Agriculture
|
1,000
| |
|
Water well or supply
|
400
| |
|
State-regulated wetland
|
200
| |
|
The actual horizontal distances for each facility must be certified,
documented, in writing, and filed in the Town Clerk's office
and available for public inspection promptly upon completion of application
activities.
| ||
|
NOTE:
| |
|
1
|
The landowner or operator's residence is excluded from
this separation distance requirement. In addition, this requirement
does not apply to lands where an adjacent owner consents to the activity
within the separation distance.
|
(10)
During land application, the fields must be flagged or otherwise
marked so the buffer zones are apparent to the land applier and to
the public. Such flagging shall occur a minimum of 72 hours prior
to application of digestate waste.
(a)
Should anyone challenge such buffer zone marking, then a deposit
of $250 shall be paid by the challenger to the Town and the Code Enforcement
Officer for the Town of Elma shall determine if the buffer zone requirements
have been met.
(b)
Should the buffer have been properly marked in the first instance,
then the challenger shall forfeit the $250 deposit to the Town. In
the event that the challenger is successful, then the deposit shall
be returned to the challenger and/or operator applicant shall operate
outside of the buffer zone.
(11)
Land application must not occur on land with a slope exceeding
15%. Land-applying waste with a total solids content of less than
15% is prohibited on land with a slope greater than 8%, unless applied
by subsurface injection along paths parallel to contours. The above
slopes shall be determined by geographical survey or instrumentation.
(12)
The hydraulic loading must not exceed 16,000 gallons per acre
in a twenty-four-hour period.
(13)
The annual cadmium application rate must not exceed 0.45 pound
per acre (one-half kilogram per hectare), and the cumulative loading
limit of metals must not exceed the following:
|
Cumulative Loading Limit in Pounds per Acre by Agricultural
Soils
| ||
|---|---|---|
|
Metal
|
Ag. Soil Groups 1-3
|
Ag. Soil Groups 4-10
|
|
Cadmium (Cd)
|
3
|
4
|
|
Nickel (Ni)
|
30
|
45
|
|
Copper (Cu)
|
75
|
112
|
|
Zinc (Zn)
|
150
|
223
|
|
Lead (Pb)
|
267
|
267
|
|
Chromium (Cr)
|
300
|
446
|
|
NOTE: In addition to the above metals, total chromium (Cr) and
mercury (Hg) may be limited based upon their potential effect on groundwater
quality.
|
(14)
The heavy metal loading must not exceed 20% of the cumulative
metal loading limit in any one year.
(15)
In addition to all other requirements contained within this
article, a detailed soil analysis shall be provided annually for each
land application facility, including the types and classifications
of soil present, the pH levels of their plow layers, and the ambient
level of each of the following substances: mercury, cadmium, nickel,
copper, lead, chromium, zinc, arsenic, selenium, molybdenum manganese
and such other substances as the Town may require.
(16)
Land application and subsequent vegetation maintenance must
be conducted in accordance with soil conservation practices that minimize
run-off and soil loss through erosion. Land application must be controlled
to prevent contravention of groundwater and surface water standards
provided by the New York State Department of Environmental Conservation.
The available nitrogen loading must not exceed the nitrogen needs
of the crop grown.
(17)
Digestate waste shall not be deposited in a manner that will
allow the material to drain or become washed into any body of surface
water, stream, or other watercourse. Dikes, berms, or other pollution
protection devices or techniques must be used to prevent runoff entering
surface waters.
(18)
Land application facilities and practices in floodplains must
not result in washout of the solid wastes. Land application is prohibited
in floodplain areas designated as floodways as defined in the Environmental
Conservation Laws[1] and regulations of the State of New York, and the United
States (including the Federal Emergency Management Agency).
[1]
Editor's Note: See NY Envir Conser § 1-0101
et seq.
(19)
Land application is prohibited in areas where bedrock lies less
than two feet below the ground surface.
(20)
Soil pH must be adjusted to 6.5 standard units or higher prior
to periods of land application.
(21)
Digestate waste must not be applied on snow, frozen or saturated
ground, or during rainfall. Permittee must provide written assurance
that storage and/or disposal facilities are permitted and available
for periods during the year when waste cannot be applied.
(22)
Public access to the land application facility is prohibited
for at least 90 days (on land with a low potential for public exposure,
such as agricultural land, forest land, and a reclamation site located
in an unpopulated area) and 12 months (on land with a high potential
for public exposure, such as a public contact area or a land reclamation
site in a populated area) after the last application of waste, and
must be controlled during that period by the use of fences and gates,
signs, and/or posted signs. Dairy cattle must not graze for at least
two months after the last application, and other animals must not
graze for at least one month after the last application.
(23)
No crop for direct human consumption may be harvested from soil
for at least 18 months since the last land application. See Subsection
5A(6)(a) above.
(24)
Land application is permitted only when the beneficial value
of digestate waste as a supply of nutrients or as a soil conditioner
can be demonstrated.
(25)
Land application of digestate waste must not occur in areas
where the groundwater is within 24 inches of the ground surface at
the time of application. Land application of waste must not occur
in areas where an aquifer or wellhead protection area is within 60
inches of the ground surface or over a primary aquifer.
(26)
Land application is allowed only on soil having a permeability
of 0.06 inch to 6.0 inches per hour and within one or more of the
following soil texture classes: sandy loam, sandy clay loam, silty
clay loam, loam, silt loam, silt, sandy clay and clay loam.
(27)
An annual report regarding the previous year must be submitted
to the Town no later than March 1 of each year and must include, as
a minimum:
(a)
A description of compliance with the Article;
(b)
The location of the fields used for the application and the
method of application;
(c)
The crops grown on each field;
(d)
The total quantity of digestate waste applied, including land
application dates and quantity applied during each application on
each field;
(e)
The loading rates (hydraulic, nutrient, and cumulative heavy
metal) for the sites used;
(f)
All analytical results required by this article and New York
State law, including copies of all laboratory reports; and
(g)
A description of any problems, complaints, etc., arising as
a result of the land application operation, the corrective actions
taken.
(28)
The Town and all property owners contiguous to the land application
site must be notified in writing at least 72 hours prior to the first
land application of each year. All buffer zone markings, described
in A(10) above, shall have been put in place prior to such notification.
(29)
Any property interest in real property utilized as a land application
facility which is sold, transferred, mortgaged or otherwise encumbered
must include this information in any disclosure document required
by law.
B.
Septage or sludge storage facilities.
(1)
Septage or sludge storage facilities must comply with the applicable local, state and federal requirements (including, but not limited to, this article and the Environmental Conservation Law, and 6 NYCRR 360.4 and 360.5). Surface impoundments, lagoons, open tanks, or other storage facilities, other than surface impoundments used to hold sewage sludge, waste or other solid waste, constructed of concrete, steel, or suitable material suitable to the State of New York and the Town shall not be permitted within the Town unless exempted pursuant to § 50-5D above.
(2)
Septage or sludge storage facilities must comply with the buffer zone requirements set forth in § 50-15A(9), except that the buffer zone requirement from a surface impoundment (as defined in Part 360-4) from any residence, or public contact area shall be at least 1500 feet. The actual horizontal distances for each Facility from other possible receptors listed in § 50-15A(9) and this paragraph must be certified, documented, in writing, and filed in the Town Clerk's office and available for inspection.
(3)
All information and documents required pursuant to 6 NYCRR 360.1.9,
360.4.9 and 360.4.10 (and the requirements incorporated therein) must
be provided to the Town and approved by the Town as part of any storage
application and/or thereafter in connection with any storage design
and operation.
(4)
Where there is inconsistency between this article and any other local,
state or federal law, the more restrictive shall apply and control.
(5)
Any property interest in real property utilized as a septage or sludge
storage facility which is sold, transferred, mortgaged or otherwise
encumbered must include this information as provided in any disclosure
document required by law.
All ordinances and local laws or parts thereof in conflict herewith
are preempted by this article; provided, however, that the provisions
of this article shall not be interpreted as violating any requirements
or restrictions wherever it is possible to conform with the provisions
of both this article and any other law or ordinance. This article
shall be construed as being in addition to the Zoning Law of the Town
of Elma,[1] the Environmental Conservation Law of the State of New
York (ECL)[2] (including, but not limited to, 6 NYCRR 360.4 and 360.5),
and 40 U.S.C., and the regulations thereunder.
If any clause, sentence, paragraph, subdivision, section or
part of this chapter shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment is rendered.
This chapter shall become effective immediately upon its filing
with the New York Department of State.
