[HISTORY: Adopted by the Town Board of the Town of Cortlandt 8-4-1981
as L.L. No. 2-1981. Section 253-11 amended at time of adoption of Code; see
Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
The purpose of this chapter is to provide standards for the dumping,
storage or other handling of toxic materials, including sludge. It is recognized
that recently, regarding the dumping of sludge, the Town of Cortlandt has
become the proposed dumping site for Westchester County. Not only has the
Croton landfill operation been in existence for many years within the boundaries
of the Town of Cortlandt and the Village of Croton, but recently it was proposed
that the town become a dump site for sludge materials. This would radically
affect the health, safety and welfare of the citizens of the town without
any adequate safeguard for the citizens. Realizing this, the town wishes to
protect the health, safety and welfare within the town and thus provide methods
and means of examining these proposed dumping activities or storage activities
before they take place.
As used in this chapter, the following terms shall have the meanings
indicated:
Garbage, refuse, decayed wood, sawdust, shavings, bark, lime, cinders,
ashes, offal, oil, tar, dyestuffs, acids, chemicals and all other discarded
material which may cause or might reasonably be expected to cause pollution;
also water-carried human or animal waste from residences, buildings, industrial
establishments or other places, together with such groundwater infiltration
and surface water as may be present, and any liquid, gaseous, solid or waste
substance, or combination thereof, resulting from any process of industry,
manufacturing, trade or business or from the development or recovery of any
natural resources, which may cause or might reasonably be expected to cause
pollution. It shall also include solid waste, incinerator residue, filter
backwash sewage, sewage, sludge, biological materials, heat, discarded equipment,
rock, sand, cellar dirt, industrial, municipal and agricultural wastes discharged
into waters, solids, residues and settled matter separated from or created
in sewage by the treatment process of a publicly owned treatment works. However,
heating-oil uses, gasoline storage and separate sewage disposal systems are
excluded from regulation under this section.
Hazardous or toxic waste as listed under Identification and Listing
of Hazardous Waste pursuant to Article 27 of the Environmental Conservation
Law of the State of New York.
A.
A certificate of acceptability of the Town Board of the
Town of Cortlandt shall be necessary in order to operate a new facility or
property used for the storage, dumping or other disposition of toxic or hazardous
materials or other wastes. An application for the same shall be made in writing
to the Town Board of the Town of Cortlandt. The Town Board may refer the application
to the Planning Board of the Town of Cortlandt for its review and advisory
opinion on the application, if it deems such advisable or necessary. The application
shall contain a description of the land to be used for such purposes, including
surveys and other descriptive materials as are required by the Town Board
and, if referred to the Planning Board, by the Planning Board.
B.
In addition, this application shall be considered as
a Type 1 action under the State Environmental Quality Review Regulations pursuant
to Environmental Conservation Law § 8-0113, and specifically Section
617.12 of the Regulations,[1] and shall require the preparation of a draft environmental impact
statement. The draft environmental impact statement shall be prepared by the
applicant within thirty (30) days of the application to the Town Board, and
if the applicant fails to prepare such a statement or notifies the Board that
he does not choose to prepare such a statement, the Town Board shall provide
the applicant with an estimate of the cost of preparing such a statement based
upon the total cost of the project for which funding approval is sought, and
the applicant shall pay such costs and shall escrow one-half (1/2) of the
estimated amount of such costs with the Town Attorney of the Town of Cortlandt,
who shall pay over to the preparer of the draft environmental impact statement
application the amounts incurred in preparing, filing and completing the requirements
of said application. This shall include hearings and costs to outside agencies
for preparation and completion of the application. Where the applicant prepares
the draft environmental impact statement and applications, the Town Board
may charge a fee for the review of said application.
[1]
Editor's Note: See Section 617.12 of Title 6 of the New York Codes,
Rules and Regulations.
A.
New installations. Included in the application must be
a description for any new installation to be constructed and how it will afford
maximum reasonable protection available against leakage or spillage of any
toxic or hazardous material or other waste materials.
B.
Existing installations. The application must show:
(1)
Upon leakage, how it would be emptied immediately and
removed from service.
(2)
How replacement would meet new construction standards.
(3)
How these storage facilities which do not meet the new
construction standards would be removed from the ground and either abandoned
or upgraded to meet the requirements.
(4)
Where the existing abandoned tanks and facilities would
be located and emptied, filled in or removed and what period of time would
be required.
(5)
What testing requirements would be necessary and how
they would be implemented.
(6)
The type of monitoring and leakage-detention systems
which would be provided for the underground storage facility.
(7)
What procedures would be available for abandonment or
removal of the underground tanks or facilities.
A.
New installation. The application should show the following:
(1)
The design, construction and maintenance of the tank
or other storage in a manner which will prevent discharge of fluids contained
to either the land or surface waters on the property.
(2)
The construction of impervious dikes surrounding the
tanks or other storage facilities as required on other appropriate protective
devices.
(3)
Drainage control from the dike area.
(4)
Overfill detection system.
B.
On existing installments, the application should show:
(1)
How the installments will be brought into conformance with the requirements under Subsection A within a five-year period.
(2)
Provision for leakage inspection of all tanks.
(3)
Methods of reporting any leak or unexplained loss of
product within two (2) hours of discovery and a requirement that the owner
initiate any cleanup and containment thereof.
B.
Transfer operations. The application should show:
(1)
That the drivers of vehicles transporting toxic or hazardous
materials or wastes will be responsible for the safe transfer thereof.
(2)
That the owner of the facility will be responsible for
the safe transfer of toxic or hazardous materials or other waste materials
into or out of the facility.
(3)
The road or roads that will be used and the types of
trucking, all subject to approval by the Commissioner of Highways of the Town
of Cortlandt.
A.
Storage. The application must show that the toxic waste
or hazardous wastes and other waste materials will be stored on a pervious
chemical-resistant surface compatible with the matter being stored. It should
also show that the storage area is completely enclosed with an impermeable
dike. It should show that indoor storage will be required. In the case of
any outdoor storage, this will be allowed only upon the written permission
of the Town Engineer of the Town of Cortlandt.
B.
Handling. The applicant should show:
(1)
That drums for storage may be stacked no more than two
(2) high and only on their ends, unless storage racks are used.
(2)
That all containers must be accessible and available
for inspection at any time.
(3)
That daily inspection by the owner is required, and any
indication of leakage or damage must be reported within two (2) hours to the
Town Engineer.
The application should show:
A.
That any unauthorized discharge, spill or recognizable
loss of toxic or hazardous waste materials or other waste shall be reported
to the Town Engineer in addition to the federal and state authorities within
two (2) hours of detection.
B.
That, upon discharge of the toxic or hazardous waste
or other waste material, the owner of the facility must take immediate steps
to stop the discharge, reclaim or properly dispose of the discharge materials,
restore the environment and repair any physical damage caused by the discharge,
explosion or cleanup operations.
The application should show:
A.
That storage sites for toxic hazardous wastes or materials
or other wastes must be posted with warning notices and safety information.
B.
That storage facilities and piping must be clearly labeled
with the contents near the points of filling and drawing and on the individual
aboveground tanks or storage facilities.
[Amended 8-17-1993 by L.L.
No. 2-1993]
Any dumping or activities without first obtaining a certificate as required
under this chapter shall be punishable by a fine not to exceed two hundred
fifty dollars ($250.) or up to fifteen (15) days in jail or by a civil penalty
not to exceed three thousand dollars ($3,000.). Each day's continuance shall
constitute a separate violation.
The Building Inspector of the Town of Cortlandt, the town patrolman
and other law enforcement agencies shall be responsible for the enforcement
of this chapter. This chapter shall be in addition to any other requirements
under the Environmental Conservation Law or other laws designed to protect
the environment or local laws and ordinances passed for the purpose of protecting
the public health, safety and welfare of the town.
