This article is authorized based upon current
technology and terminology but is not inclusive of the most current
versions of:
A.
Title 40, Code of Federal Regulations, Part 260 (40
CFR 260), General Regulations for Hazardous Waste Management.
B.
Title 40, Code of Federal Regulations, Part 261 (40
CFR 261), EPA Regulations for Identifying Hazardous Waste.
C.
Title 40, Code of Federal Regulations, Part 262 (40
CFR 262), EPA Regulations for Hazardous Waste Generators.
D.
Title 40, Code of Federal Regulations, Part 263 (40
CFR 263), EPA Regulations for Hazardous Waste Transporters.
E.
Title 40, Code of Federal Regulations, Part 264 (40
CFR 264), EPA Regulations for Owners and Operators of Permitted Hazardous
Waste Facilities.
F.
Title 40, Code of Federal Regulations, Part 265 (40
CFR 265), EPA Interim Status for Owners and Operators of Hazardous
Waste Facilities.
G.
Title 40, Code of Federal Regulations, Part 266 (40
CFR 266), EPA Standards for Management of Specific Hazardous Wastes
and Facilities.
I.
The provisions of the New York Municipal Home Rule
Law.
J.
The provisions of the Statute of Local Governments.
K.
The relevant provisions of the Town Law of the State
of New York.
L.
The relevant provisions of the Environmental Conservation
Law.
M.
The Zoning Chapter of the Town of Geddes.
N.
The general police power vested with the Town of Geddes.
A.
This article shall be known as "An amendment to the Zoning Chapter of the Town of Geddes, Zoning Chapter 240, as amended, to regulate medical and hazardous waste facilities located within the Town of Geddes." The disposal and/or landfilling of any medical or hazardous wastes is regulated by, or permitted, under this article.
B.
This article is adopted based upon current technology and terminology but is not inclusive of the most current versions of the federal, state and local medical and hazardous waste regulations for the purpose of promoting the health, safety and general welfare of the community and in furtherance of the following related and more specific objectives, in addition to those objectives set forth in Article III, §§ 240-18 and 240-19 of the Zoning Chapter of the Town of Geddes:
(1)
To guide and regulate the operations of medical and
hazardous waste facilities. This includes handling and recovery, hazardous
waste transfer stations and storage and processing facilities.
(2)
To protect surrounding land uses from potential noise,
odors, dust, water quality, traffic, disease transmission and other
health-related impacts that occur as a result of these operations.
C.
The Town Board of the Town of Geddes hereby finds
that, recently, the Town of Geddes has received and reviewed applications
for medical and hazardous waste facilities. Additional applications
for such approvals are expected to be received in the future. The
existing Zoning Chapter of the Town of Geddes neither identifies nor
describes these types of facilities, nor does the existing Zoning
Chapter provide for adequate regulation of such facilities. Recent
local events related to this issue indicate a clear and immediate
need for the immediate review and enactment of revisions to the Zoning
Chapter of the Town of Geddes standards to properly regulate such
facilities.
D.
The Town Board of the Town of Geddes believes it to
be in the general public interest to provide an opportunity for the
limited conduct of certain types of medical and hazardous waste facilities
within the unincorporated portions of the Town. The Town Board also
recognizes the possibility for these type of facilities to create
an incompatible land use scenario with surrounding land uses and the
need to carefully consider the types, operations and zoning districts
in which such operations may occur in order to protect the public
health, safety and welfare of the citizens and property owners of
the Town of Geddes.
A.
All references to Subpart 360-10 shall mean 6 NYCRR
Subpart 360-10, Regulated Medical Waste Storage, Containment and Disposal.
All references to Part 370, and subparts thereof, shall mean 6 NYCRR
Part 370, Hazardous Waste Management System: General. All references
to Part 371, and subparts, thereof, shall mean 6 NYCRR Part 371, Identification
and Listing of Hazardous Wastes. All references to Part 372, and subparts
thereof, shall mean 6 NYCRR Part 372, Hazardous Waste Manifest System
and Related Standards for Generators, Transporters and Facilities.
All references to Subpart 373-1 shall mean 6 NYCRR Subpart 373-1,
Hazardous Waste Treatment, Storage and Disposal Facility Permitting
Requirements.
B.
All references to 40 CFR 260 mean Title 40, Code of
Federal Regulations, Part 260, General Regulations For Hazardous Waste
Management. All references to 40 CFR 261 mean Title 40, Code of Federal
Regulations, Part 261, EPA Regulations For Identifying Hazardous Waste.
All references to 40 CFR 262 mean Title 40, Code of Federal Regulations,
Part 262, EPA Regulations For Hazardous Waste Generators. All references
to 40 CFR 263 mean Title 40, Code of Federal Regulations, Part 263,
EPA Regulations for Hazardous Waste Transporters. All references to
40 CFR 264 mean Title 40, Code of Federal Regulations, Part 264, EPA
Regulations for Owners and Operators of Permitted Hazardous Waste
Facilities. All references to 40 CFR 265 mean Title 40, Code of Federal
Regulations, Part 265, EPA Interim Status for Owners and Operators
of Hazardous Waste Facilities. All references to 40 CFR 266 mean Title
40, Code of Federal Regulations, Part 266, EPA Standards for Management
of Specific Hazardous Wastes and Facilities.
C.
CFR
FACILITY
HAZARDOUS WASTE
NYCRR
REGULATED MEDICAL WASTE (RMW)
STANDARDIZED LOAD
STORAGE
TRANSFER STATION
As used in this article, the following terms shall
have the meanings indicated:
Code of Federal Regulations.
All contiguous land, structures, other appurtenances and
improvements on the land used for treating or storing hazardous waste.
A facility may consist of several treatment, storage or disposal operational
units (e.g., one or more landfills, surface impoundments or combinations
of them).
A solid waste, or combination of radioactive and/or solid
wastes, which, ecause of its quantity, concentration or physical,
chemical or infectious characteristics, may cause, or significantly
contribute to, an increase in mortality or an increase in serious
irreversible, or incapacitating reversible, illness, or pose a substantial
present or potential hazard to human health or the environment when
improperly treated, stored, transported or disposed of, or otherwise
managed; as defined in 6 NYCRR Part 371, Section 371.1(d).
The Official Compilation of Codes Rules and Regulations of
the State of New York.
Any medical waste in a solid state, as defined in 6 NYCRR
Part 360 Subdivision 360-1.2(a), generated in the diagnosis, treatment
(e.g., provision of medical services) or immunization of human beings
or animals, in research pertaining thereof or in the production or
testing of biologicals that is not excluded or exempted under Subparagraph
360-17.2(h)(2) of said Part 360.
A specific quantity and configuration of RMW representative
of the type of RMW to undergo treatment, which has been established
by the facility's approved operation plan.
The holding of hazardous waste on a temporary basis in such
a manner as not to constitute disposal, at the end of which time the
hazardous waste is treated, disposed of or stored elsewhere.
A transportation-related facility including loading docks,
parking areas, storage areas and other similar areas where shipments
of hazardous waste are held during the normal course of transportation.
A.
Medical waste storage and processing facilities.
B.
Hazardous waste storage and processing facilities.
C.
Medical and hazardous waste transfer stations.
D.
Medical and hazardous waste incinerators.
E.
Facilities that process or store deicer, windshield-washer
solvent and the waste from the manufacturing of swimming pool chemicals.
The applicant shall provide the following information,
as prepared by a New York State licensed professional engineer, to
the Zoning Board for review at the time of application:
A.
A site plan that indicates property lines, buildings
and appurtenances, roads, parking areas, drainage patterns, elevation
contours, location of residences, potable wells and surface water
bodies, including wetlands, both on the subject site and within 200
feet of the boundaries thereof. All requirements of the Zoning Chapter
must be met. All of the requirements of 40 CFR 260, 40 CFR 261, 40
CFR 262, 40 CFR 263, 40 CFR 264, 40 CFR 265 and 40 CFR 266 must be
met.
B.
A facility operations plan must be submitted in writing,
indicating the times of operation and the expected quantities of material
to be received and processed for approval by the Code Enforcement
Officer. This plan must include an outline of hourly and daily emissions,
maintenance schedules, equipment and processes, including distribution,
as well as the time frame other materials will remain on site.
C.
A description of the source, quantity and quality
of material proposed to be received, processed and/or incinerated
at the facility.
D.
A detailed description of facility operations. This
description must include a list of equipment to be used, the type
and expected daily number of transport vehicles, expected travel routes
and the method of application.
E.
Odor, dust and vector control plan.
F.
Written notification that the requirements of Part
360, Part 370, Part 371, Part 372 and Part 373-1 have been met. If
a New York State Department of Environmental Conservation (NYSDEC)
permit is required, written notification from the NYSDEC must be submitted.
All State Environmental Quality Review (SEQR) and permit applications
and determinations shall be coordinated at the discretion of the Zoning
Board and/or otherwise is required by law. In all circumstances, if
the provisions of this article impose a more stringent standard, such
provision shall control. If a NYSDEC permit is not required, the applicant
must comply with the requirements of the Part 360 regulations and
all revisions thereof and the requirements of this article to the
satisfaction of the Town Zoning Board.
G.
A contingency plan for use in the event of an on-site
emergency. The contingency plan must be submitted to and approved
by the Town of Geddes Zoning Board after referral to the appropriate
fire company, hazardous materials cleanup unit, police department,
ambulance service and other emergency service agencies.
H.
Financial assurance estimates, a proposed form of
surety and a current letter of credit.
I.
A proposed facility plan that includes floor area
ratios, layout and architectural details of structures must be submitted.
K.
A landscape plan and a soil and erosion control plan
must be submitted.
A.
This article specifically excludes any of the facilities listed in § 240-60 above which may be owned and/or operated by the Town of Geddes.
B.
All proposed facilities must comply, at a minimum,
with all current state requirements pursuant to Part 360, Part 370,
Part 371, Part 372 and Part 373-1.
C.
All proposed facilities must comply, at a minimum,
with all current Federal requirements pursuant to 40 CFR 260, 40 CFR
261, 40 CFR 262, 40 CFR 263, 40 CFR 264, 40 CFR 265 and 40 CFR 266.
|
Zoning Districts
| |||
|---|---|---|---|
|
Special Uses
|
Industrial A
|
Industrial B
| |
|
RMW/Hazardous Waste Incinerating Facility
|
P
|
A
| |
|
RMW/Hazardous Waste Storage Facility
|
P
|
A
| |
|
RMW/Hazardous Waste Transfer Station
|
A
|
A
| |
|
Key to Abbreviations:
| |||
|
A = Allowed by special use permit
| |||
|
P = Prohibited
| |||
|
NOTE: The uses above are prohibited in all other
zoning districts in the Town of Geddes.
| |||
D.
All proposed facilities, regardless of size, must
comply with the requirements of this article.
E.
Proposed facilities must demonstrate compliance with
the New York State Public Authorities Law and the approved Onondaga
County Solid Waste Management Plan or receive approval from the Onondaga
County Office of the Environment or successor agencies.
F.
All facility uses covered under this article are considered special uses and therefore, require a special use permit and site plan approved by the Zoning Board and in accordance with §§ 240-18 and 240-19 of the Code of the Town of Geddes, as amended, regardless of whether a building permit is required. These facilities may be permitted as a special use in the following zoning districts only:
G.
An applicant may not apply for more than one special
use permit for operations or facilities regulated by this article.
A.
The facility must be constructed on a stable surficial
soil (suitable base material) to ensure stability and all-weather
accessibility.
B.
Approach roads to the facility, and access roads within
the facility, must be constructed for all weather conditions and maintained
in passable conditions at all times to allow for access by fire-fighting
and emergency response equipment. Access to these roads must be approved
by the New York State Department of Transportation and the United
States Department of Transportation.
C.
The site and facilities must be generally level and
well drained and must be free of standing water, with the exception
of fire suppression or other mitigative facilities.
D.
Surface water drainage must be diverted away from
the operating and storage areas.
E.
The facility must have adequate water supply for operations,
fire prevention and dust control.
F.
Buffer areas at the facility shall be maintained as vegetative berms to facilitate filtration of pollutants from stormwater runoff, to retard off-site odor migration and to prevent the dispersal of material off site. The facility must meet the setback requirements specified in Article III, §§ 240-18 and 240-19 of the Zoning Chapter of the Town of Geddes.
G.
All facility operations areas and materials storage
areas visible from public streets or adjacent residential uses shall
be screened from public view by a landscaped buffer or other method
acceptable to the Town Zoning Board.
H.
Access to the site shall be controlled to prevent
unauthorized dumping during nonbusiness hours. The operator shall
establish a procedure and mechanism for proper disposal of orphaned
waste at an approved disposal facility.
I.
In no case will any facility operation be located
on a one-hundred-year floodplain or regulated wetland.
J.
The loading and unloading areas must be adequate in
size and design to facilitate efficient unloading and loading of transport
vehicles and the unobstructed movement of vehicles.
M.
All medical and hazardous waste material must be stored
in the main processing structure.
The owner must submit an operations plan which
provides an overview of daily operations and maintenance schedules,
equipment, including, without limitation, construction vehicles, and
schedules for the transfer of medical and hazardous waste. The term
"operations" shall include the storage of any and all materials. The
operations plan must demonstrate that the following criteria will
be met:
A.
Dust from operation areas and roadways shall be controlled
so as not to migrate off site.
B.
No materials shall be allowed to disperse off site.
C.
All odors must be controlled in a manner to prevent
a nuisance to off-site properties and as described in the operations
plan.
D.
The owner/operator must maintain daily operational
records for the facility, quarterly and yearly vehicle quantities
of each type of waste material entering and leaving the facility and
the mechanism used for processing the waste material. This information
must be summarized and submitted to the Code Enforcement Officer in
the form of a facility report every three months from the date of
approval or at more frequent intervals if, in the judgement of the
Zoning Board, such more frequent submittals are required.
E.
Provisions for vector and insect control must be made
as to limit on-site and off-site impacts.
F.
Any changes to the facility design or operations as
submitted to the Town Zoning Board in the original application shall
be submitted to the Town Zoning Board for review and approval as a
site plan modification.
H.
No operations shall be conducted on the following
holidays:
|
New Years Day
| |
|
Memorial Day
| |
|
Fourth of July
| |
|
Labor Day
| |
|
Thanksgiving Day
| |
|
Christmas Day
|
I.
At a minimum, all requirements of 6 NYCRR Subpart
360-10.4 must be met.
J.
At a minimum, all requirements of 40 CFR 264 must
be met.
K.
The owner or operator of any facility used for storage
or containment of RMW must comply with the applicable requirements
set forth in 6 NYCRR 360-1.14.
L.
Approval for acceptance of RMW at a storage or containment
facility may be withdrawn by the NYSDEC for noncompliance with the
operation plan. The permittee may request a hearing after such withdrawal
in accordance with 6 NYCRR Subpart 621.14.
M.
All RMW received at the facility must be transported
by permitted transporters in accordance with 6 NYCRR 364.9.
N.
Delivery of unauthorized waste, contamination of any
person or other emergencies must be reported in writing to the NYSDEC
regional solid waste engineer.
O.
The storage, containment and disposal of RMW must
comply with the requirements of 6 NYCRR 360-10.5 and 10.6.
P.
Facility personnel must successfully complete the
personnel training required in the personnel training plan as described
in 6 NYCRR 360-10.3(c) within six months of the date of their employment.
Q.
A new or revised operation plan for storage or containment
of RMW must be prepared and submitted for approval whenever there
is a proposed change for incineration or storage procedures.
R.
At a minimum, all requirements of 6 NYCRR Part 370
and 6 NYCRR Part 372 must be met.
S.
The operations plan must be in compliance with the
State Uniform Fire Prevention and Building Code, Part 1196, Fire Department
Notification.
T.
The Town Board will approve the specific amount of
money that must be accrued by the applicant to return the site to
its original state if operations cease.
The failure to maintain and operate the site as required by these regulations shall be grounds for enforcement as noted in Articles IX, X and XI of the Zoning Chapter of the Town of Geddes, and any revisions thereof, with the following attendant penalties therein:
A.
If the Town Building Inspector or his/her deputy determines that a facility is operating in contravention with its approved site plan and/or facilities operations plan or special use permit the Inspector shall serve notice to the owner and/or operator of the facility as specified in § 240-48 of the Zoning Chapter of the Town of Geddes.
B.
Such notice will require the owner and operator to
take action immediately after service of the notice. If the violation
is not remedied within a reasonable time after said notice, fines
may be imposed by the Town of Geddes, consistent with the nature of
the violation, in the amount of $500 per calendar day of the estimated
facility closure cost.
C.
In addition to other remedies provided by law, any
appropriate action proceeding, whether by legal process or otherwise,
may be taken to correct or abate such violation of this Zoning Chapter.
D.
Notwithstanding the above, if the Town Code Enforcement
Officer or his/her deputy determines that immediate remedial action
must be taken to prevent a potentially hazardous condition from causing
damage to persons and/or property, the owner and/or operator of the
facility or the person on the site with the most authority of the
owner and/or operator, if different, shall be served with a written
notice advising of the immediate action to be taken and that failure
to immediately undertake such action and pursue to completion with
due diligence shall result in a call of all or a portion of the financial
security without further notice.
