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.
H. The New York State Constitution, Article
IX, Section 2.
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.
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.
J. The facility must meet all of the requirements of the special permit and site plan review process, Article
V, §§
240-25 and
240-26.
K. A landscape plan and a soil and erosion control plan
must be submitted.
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.
G. The noise limitations, resulting from the facility
operations, at the facility property lines shall be no greater than
the following:
(1) From 6:00 a.m. to 10:00 p.m.: 60 decibels (dBA).
(2) From 10:00 p.m. to 6:00 a.m.: 50 decibels (dBA).
H. No operations shall be conducted on the following
holidays:
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New Years Day
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Memorial Day
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Fourth of July
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Labor Day
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Thanksgiving Day
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Christmas Day
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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.