[Added 6-23-1993 by L.L. No. 4-1993]
Recognizing that compliance with the State Solid
Waste Management Plan and the increased commitment to reuse and recycle
solid waste, both in the Town of Bethlehem (hereafter the "Town")
and throughout the state, has encouraged, and will encourage in the
future, the construction and operation of solid waste management facilities
designed to collect, sort, process, treat, reuse in manufacturing
new products and/or dispose of solid waste; and being desirous of
maintaining a clean, wholesome and attractive environment within the
Town while protecting the health, safety and welfare of its inhabitants;
and further recognizing the inherent dangers arising from the unrestricted
or unsafe siting, design, construction or operation of solid waste
management facilities and the need for proper planning, siting, design,
construction and operation of such facilities to protect the inhabitants
of the Town and its vital environmental resources, the Town declares
that the general public interest shall be served by implementing the
following requirements for the permitting of solid waste management
facilities to be sited, constructed or operated on land within the
Town.
A.
The requirements and standards of this article shall
be in addition to the provisions of any applicable federal, state
or local laws. Where the provisions set forth below are more restrictive
than provisions set forth in any applicable federal, state or local
laws, the provisions of this article shall apply. Where the provisions
set forth in any applicable federal, state or local law are more restrictive
than the provisions of this article, then the provisions of such applicable
federal, state or local law shall apply.
B.
This article shall apply to all new and existing solid
waste management facilities sited, constructed, operated or located
within the Town, unless otherwise specifically provided in this article.
C.
Notwithstanding any provision of the Town Code to the contrary, solid waste management facilities, as defined in this chapter, shall only be constructed and operated in those zones described in Chapter 128[1] of the Code of the Town of Bethlehem where solid waste management facilities are specifically described on the Schedule of Uses contained in Chapter 128 as some form of permitted use.
[Added 12-12-2012 by L.L. No. 4-2012]
B.
BLOWDOWN
CLASS I FACILITY
CLASS II FACILITY
CLASS III FACILITY
CLASS IV FACILITY
CONVENIENCE CENTER
DESIGNED DAILY CAPACITY
FOOTPRINT
HOT LOAD AREA
SOLID WASTE
The following terms shall have the meanings indicated:
An event where steam is intentionally released into the atmosphere
at fuel pressure in order to evacuate piping systems of particular
matter.
All solid waste management facilities used to store, for
short periods of time and without sorting or processing, solid waste
and/or to transfer solid waste from small vehicles to larger vehicles
in order to facilitate long-distance transport. If no markets can
be found within reasonable time, or such time as may be set by the
Town, materials stored in "Class I facilities" shall be removed to
either a Class II, III or IV facility within the Town or removed from
the Town. "Class I facilities" include, but are not limited to, household
hazardous waste storage facilities, recyclable materials dropoff facilities,
waste exchanges, convenience centers and transfer stations. Except
for household hazardous waste facilities, all facilities having a
designed daily capacity of five tons per day (tpd) or less and/or
cumulative intake floor storage capacity of not more than 2,000 square
feet shall be exempt from the requirements of this article.
All solid waste management facilities wherein physical manipulation of any kind of solid waste occurs to sort the waste stream components into identifiable fractions for the purpose of introduction into the secondary materials marketplace (recycling), for transfer to either a Class III or Class IV facility or for removal from the Town. "Class II facilities" include, but are not limited to, materials recovery facilities (MRF), intermediate processing facilities (IPF), construction and demolition (C&D) debris processing facilities and feedstocks for composting. An MRF having a designed daily capacity and operated at an average daily processing rate of less than 10 tons per day shall be exempt from the requirements of this article, except for § 97-32A(5) herein.
All solid waste management facilities wherein solid waste
is processed, modified, converted, treated or otherwise prepared either
chemically, biologically, mechanically or otherwise to produce, create
and/or manufacture component materials, raw materials or other substances
to be recovered, reused or recycled. Processing can occur completely
within structures, completely outdoors or in combinations thereof.
"Class III facilities" include, but are not limited to, resource recovery
facilities (RRF), waste-to-energy facilities, incinerators, composting
facilities, sludge stabilization facilities, facilities for preparation
of refuse-derived fuel (RDF) and freestanding landfill gas (LFG) conversion
facilities. Regulated medical waste combustion facilities located
at institutions where such waste is generated and having a designed
daily capacity of less than five tons per day shall be exempt from
the requirements of this article.
All solid waste management facilities where intermediate
or long-term natural decomposition or permanent deposition of solid
waste occurs, including related leachate (liquid) and gas management
subsystems. "Class IV facilities" may also accommodate the long-term
storage of solid wastes which are not subject to appreciable natural
degradation. "Class IV facilities" are commonly outdoors and are characterized
by gradual placement of solid waste in prepared space. "Class IV facilities"
include, but are not limited to, land applications (sewer sludge,
septage and food waste), landfills and disposal facilities.
An improved area where small amounts of solid waste materials
can be unloaded from noncommercial vehicles and placed in steel containers
or parked trucks for later transfer to nearby unloading areas where
large vehicles routinely operate.
The maximum amount of solid waste which can be managed in
or at a facility during a twenty-four-hour period.
That area of land actually improved through the construction
of a secure, lined landfill base and upon which waste materials are
deposited for disposal.
An improved noncombustible surface upon which burning solid
wastes may be deposited from trucks carrying them.
All putrescible and nonputrescible materials or substances
that are discarded or rejected as being spent, useless, worthless
or in excess to the owner(s) at the time of such discard or rejection,
including but not limited to garbage, refuse, industrial and commercial
waste, sludges from air or water treatment facilities, rubbish, tires,
ashes, contained gaseous material, incinerator residue, construction
and demolition debris, discarded automobiles and offal. The term shall
not include domestic sewage and other highly dilute water-carried
materials or substances. For purposes of this article, however, "solid
waste" shall also include septage or sludge removed from cesspools,
septic tanks or other treatment or holding facilities.
A.
Except as authorized by the Town Board pursuant to
a valid permit, or renewal or modification thereof, issued pursuant
to this article, no person shall:
(1)
Initiate construction of a solid waste management
facility or commence any physical alteration related to construction
of a solid waste management facility, including but not limited to
any site work related to such construction.
(2)
Operate a solid waste management facility or any phase
or part of such facility.
(3)
Modify any aspect of construction or operation of
a permitted solid waste management facility.
(4)
Operate a solid waste management facility, or any
phase or part of such facility, except in accordance with such valid
permit, or renewal or modification thereof, or in accordance with
the provisions of this article.
B.
Every solid waste management facility located on one
site must be individually permitted under this article.
A.
There shall be two permits required for any new solid
waste management facility under this article: a permit to construct
and a permit to operate. An application for an initial permit to construct
a new solid waste management facility, or any part of such a facility,
or to expand an existing facility, must be accompanied by an application
for an initial permit to operate the facility. The decision to issue
an initial permit to construct and/or an initial permit to operate
any solid waste management facility or to expand an existing facility
shall be vested in the sound legislative discretion of the Town Board.
[Amended 12-12-2012 by L.L. No. 4-2012]
B.
Applications to operate existing solid waste management
facilities shall be submitted within 90 days of the effective date
of this article.
C.
All applications for permits shall be made in writing,
subscribed to and verified by the owner of the property and the facility
operator, if different, for which the permit is sought or by the agent
of the owner who is duly authorized by a written instrument, duly
executed and acknowledged by the owner of property.
D.
The applications shall be made upon such forms and accompanied by complete information as required in §§ 97-31 through 97-34 of this article, which are applicable to the facility proposed, and such site and plot plans, topographic (contour) maps, building plans and specifications and other pertinent data or information as may be required by the Town Board.
E.
An application to modify a permit to construct or
to operate a solid waste management facility shall be treated as a
new application if any of the following actions are proposed:
F.
Any person who intends to continue the construction
or operation of a solid waste management facility beyond the period
set forth in any permit issued by the Town shall file a complete application
for renewal of such permit at least 180 days before the existing or
initial permit expires. A complete application for the renewal of
such permit shall be made on forms required by the Town Board. No
person may continue to construct or operate a solid waste management
facility unless a timely and complete renewal application, as provided
herein, is submitted to the Town Board.
G.
The Town Board shall establish the applicable fees
to be submitted at the time of any initial or subsequent application.
A.
An original plus 10 copies of the application for
a permit to construct or operate shall be submitted to the Clerk of
the Town Board.
B.
Verification.
(1)
An application shall be executed and verified by the
owner of the site and the person who will operate the facility as
follows:
(a)
By a duly authorized president or vice president
in the case of a corporation;
(b)
By a general partner in the case of any partnership;
(c)
By the proprietor of any proprietorship; or
(d)
By the chief executive officer in the case of
a state, state agency, authority, public benefit corporation or other
governmental entity.
(2)
The verified application must include a statement
by the applicant in accordance with § 210.45 of the Penal
Law to the effect that false statements made in the application are
made under penalty of perjury.
C.
Every application for a permit to operate shall include
a contingency plan as set forth in 6 NYCRR 360-1.9. In addition, the
contingency plan shall include a description and list of all hazardous
or toxic substances or materials to be stored or used at the facility.
D.
Permits issued pursuant to this article shall not
be transferable without the specific written approval of the Town
upon application pursuant to this article.
E.
Permits to construct shall be issued for a period
of one-year and shall automatically expire if duly filed renewal applications
are not submitted to the Town.
F.
Permits to operate shall be issued for a period of
five years and shall automatically expire if duly filed renewal applications
are not submitted to the Town.
A.
Any solid waste management facility with a designed
daily capacity greater than 100 tons per day shall be directly served
by either state highways or by county, city or Town roads whose abutting
properties are zoned to allow nonresidential use for the entire distance
between the facility site and the nearest state highway utilized (which
is to be used) as part of the permitted delivery route. This requirement
shall apply to all permitted delivery routes for the facility.
B.
Any facility with a designed daily capacity less than
100 tons per day may be served by state highways or county or Town
roads having over 90% of the abutting properties either not developed
with structures or zoned for or as otherwise allowed in the master
plan for nonresidential use for the entire distance between the facility
site and the nearest state highway or county road utilized (which
is to be used) as part of a permitted delivery route. This requirement
shall apply to all permitted delivery routes for the facility.
C.
Solid waste management facilities shall meet the minimum
site requirements as follows:
(1)
Class I facilities shall have a minimum site size
of one acre for each 50 tons, or part thereof, of designed daily capacity.
Class I facilities may be sited as part of large commercial, industrial,
governmental or institutional developments which are under single
ownership but which contain multiple structures.
(2)
Class II facilities shall have a minimum site size
of five acres for each 200 tons, or part thereof, of designed daily
capacity. A Class II facility with a daily designed capacity of not
more than 10 tons may be situated on a site with a minimum size of
one acre.
(3)
Class III facilities shall have a minimum site size
of 20 acres, dedicated solely for the use of the facility, and an
additional one acre for each 100 tons, or part thereof, of designed
daily capacity. In addition, the minimum site size set forth above
shall be increased for composting facilities by one acre for each
5,000 cubic yards, or part thereof, of long-term curing or storage
capacity. For facilities producing ash or other residue as part of
a combustion process, the minimum site size set forth above shall
be increased by 10 acres for each 150,000 tons of thirty-day storage
capacity, or part thereof.
(4)
Class IV facilities shall have a minimum site size
of four times the actual land surface designated for use for land
spreading or four times the area designed to be developed as a footprint
of the disposal facility having a twenty-year capacity at permitted
loading rates or the ultimate capacity of the site if the expected
life of the facility is less than 20 years.
D.
All applications to construct new facilities shall
include a map setting forth the proposed solid waste delivery routes
for the facilities, zoning classifications and land uses of property
abutting the proposed routes and such other information as the Town
may require.
E.
Notwithstanding § 97-26 of this article, the siting standards contained in this section shall apply only to net solid waste management facilities. The Town, however, shall not be precluded from requiring compliance with some or all other siting standards as a condition for a permit to construct or operate a facility pursuant to this article.
F.
Notwithstanding any section of this article to the
contrary, no waste tire storage or disposal facilities shall be sited
or opened within the Town. Notwithstanding any section of this article
to the contrary, facilities which temporarily store waste tires shall
be exempt from this article if:
(1)
Such storage is incidental to the primary use of the
site;
(2)
Such storage occurs wholly on site where the waste
tire was generated;
(3)
The primary use of the site is not as a regulated
solid waste management facility pursuant to this article;
(4)
No waste tire is stored on site for more than 30 days
and no more than 100 tires shall be present at any time in any exterior,
fenced storage area or no more than 500 tires if fully stored within
the interior of a building; and
(5)
The storage area is fully enclosed by fencing with
a minimum height of at least eight feet or the waste tires are stored
in fully enclosed and lockable containers.
A.
All solid waste management facilities shall meet the
following design standards:
(1)
Site designs shall indicate utility and public rights-of-way,
including those shown on adopted official maps. Amendments to official
maps may be made at the same time as a permit to construct is issued
and may be adjusted by the Town Board to accommodate improvements
necessitated by the facility's construction.
(2)
Where vehicle scales are provided, a single scale
weighing vehicles from both directions (bidirectional) may be used
for facilities with designed daily capacity of up to 300 tons per
day. Facilities with greater than 300 tons per day of designed daily
capacity shall have separate inbound and outbound scales.
(3)
No lane reversals shall occur within a road distance
of 200 feet from the facility's entrance gate.
(4)
All internal roadways, loading areas and off-loading
areas shall be designed so that vehicles delivering waste materials
must travel in a direction such that the driver of a left-hand drive
vehicle shall have maximum visibility during initial backing maneuvers.
(5)
Except for facilities designed to manage only solid
waste generated on site, facilities shall be designed to accept and
shall only accept solid waste of the same type normally accepted by
the facility, including recyclables, generated within the Town and
delivered by the generators of the solid waste. Such facilities shall
be designed to accept such solid waste during all permitted operating
hours.
(6)
Freestanding radio communication antennas shall be
no higher than 40 feet above the existing topography and shall be
located on site at a minimum of 80 feet from all property lines. Antennas
attached to buildings shall be no more than 10 feet above such buildings.
B.
Newly constructed Class I solid waste management facilities
or existing solid waste management facilities expanded by more than
20% shall also meet the following design standards:
(1)
Building setbacks from all site boundaries shall be
four times the building height or 60 feet, whichever is greater.
(2)
Internal roadways shall have minimum lane widths of
12 feet and with four-foot paved shoulders.
(3)
Elevated roadways (ramps) shall not exceed an eight-percent
grade nor an eighteen-foot rise. Such roadways shall be concrete surfaced.
Six-foot shoulders shall be constructed on elevated roadways, and
guardrails shall be installed.
(4)
The maximum building height shall be 60 feet above
the elevation of the intake room floor.
(5)
All solid waste unloaded from self-unloading vehicles
shall occur within a building.
(6)
All materials handling shall be within a building,
except for the reloading of recyclable materials from bunkers to takeaway
vehicles via the building's doors. Compaction-type containers or trailers
may be mechanically loaded through the building's exterior walls,
although all loading devices shall be within the building.
(7)
All utilities within the site shall be installed underground.
C.
Class II solid waste management facilities shall also
meet the following design standards:
(1)
Building setbacks from all site boundaries shall be
two times the building height, or 60 feet, whichever is greater, if
the facility is located in a light or heavy industrial zone. If the
facility is located in other than a light or heavy industrial zone,
building setbacks from all site boundaries shall be four times the
building height or 120 feet, whichever is greater.
(2)
Internal roadways shall be paved with minimum lane
widths of 12 feet and have four-foot paved shoulders.
(3)
Elevated roadways (ramps) shall not exceed an eight-percent
grade nor an eight-foot rise. Such roadways shall be paved with six-foot
paved shoulders and installed with guardrails.
(4)
A paved roadway shall be provided around the entire
facility at a distance of less than 30 feet from all buildings.
(5)
The maximum building height shall be 60 feet above
the intake room floor.
(6)
All buildings for the unloading or processing of solid
waste shall be of fireproof construction and equipped with ventilation
equipment capable of maintaining negative air pressure in the building
and dust removal. All control rooms and employee work areas shall
be climate controlled with isolated fresh air intakes.
(7)
All waste unloading, handling, processing and reloading
shall occur within a building. All materials storage shall be within
an enclosed building, except recyclables. Combustible materials storage
shall not exceed 2,000 cubic yards in a single building, which shall
be separated from all other buildings by a minimum distance of 50
feet.
(8)
Fuel storage shall be underground or in fully screened
aboveground tanks and shall meet all applicable requirements for spill
prevention, containment and control.
(9)
The facility shall be capable of shielding all stored
waste materials from view from the site boundaries as observed from
five feet above the ground surface. Electric substations within the
site shall be 80% screened by evergreen vegetation with a minimum
height of 10 feet.
(10)
At a minimum, the solid waste handling portion of
the site shall be fully enclosed with a fence having a minimum height
of eight feet and containing lockable gates.
(11)
Two site entries shall be provided for facilities
having a designed daily capacity of more than 100 tons.
(12)
Three queuing positions, each 50 feet long, shall
be provided before vehicle scales for each 100 tons of designed daily
capacity or part thereof.
(13)
All utilities within the site shall be installed underground.
(14)
A minimum of two fire hydrants, independent from the
building sprinkler system, shall be provided where public water supply
service is available. If no public water supply exists, an acceptable
fire pond or other acceptable water supply must be provided.
D.
Class III solid waste management facilities shall
also meet the following design criteria:
(1)
Building setbacks from all site boundaries shall be
1 1/2 times the maximum building height (except chimneys, smoke
stacks, etc.) if the facility is located in a light or heavy industrial
zone or three times the maximum building height (except chimneys,
smoke stacks, etc.) if the facility is not located in a light or heavy
industrial zone. Electrical substations within a site shall be a minimum
of 50 feet from the site boundary.
(2)
Internal roadways shall be paved with minimum lane
widths of 12 feet and have paved six-foot shoulders. All major facility
buildings or processing/curing areas shall be encircled with roadways.
(3)
Elevated roadways (ramps) shall not exceed an eight-percent
grade nor a thirty-foot rise. Such roadway shall be paved with eight-foot
paved shoulders, and guardrails shall be installed.
(4)
The maximum building height shall be 120 feet above
the average original natural grade thereunder, except for chimneys,
smoke stacks, etc., which shall be no higher than 220 feet above the
original grade.
(5)
All buildings and structural components, except cooling
towers, shall be of fireproof construction. All mechanical components,
including turbine generators, shall be enclosed, except bailers, economizers,
condensers, air quality control equipment and cooling tower fans.
(6)
No mechanical systems shall emit air pressure pulsations
between one and 1,000 cycles per second, as measured at the site boundary.
No mechanical systems shall emit noise between four and 200 or over
2,000 cycles per second at levels above 65 decibels, as measured at
the site boundary, unless that emission comes from a required safety
device or system. Steam condensers shall have a combined capacity
equal to 50% or more of designed steam production.
(7)
All unloading areas and unprocessed waste storage
shall be within a building. The combined storage capacity for unprocessed
solid waste shall not exceed 3 1/2 times the facility's designed
daily capacity and shall be clearly distinguishable from waste unloading
areas.
(8)
All storage areas shall be designed to enable the
loading of solid waste into transfer vehicles for removal from the
facility.
(9)
All enclosed spaces shall be capable of positive ventilation
with air treatment capacity. All control rooms and employee work areas
shall be climate controlled with independent fresh air supplies. All
residue storage and loading areas shall be within an enclosable space
having positive ventilation.
(10)
Storage pits and/or floors of compost processing,
curing and storage areas shall be designed with leachate control and
storage systems. Fluid levels in sumps or storage tanks shall be monitored
by external monitoring devices.
(11)
All floor drains shall be interconnected in a system
designed to manage contaminated discharges.
(12)
All areas dedicated to product curing shall be paved
and covered with a roofed structure having a maximum height of 40
feet and whose side walls must enclose the upper third of the curing
space.
(13)
No exterior lighting shall be directed toward the
site boundaries.
(14)
All utilities within the site, except substations
and related transmission lines, shall be installed underground. Electrical
substations shall be 80% screened with evergreen vegetation with a
minimum height of 12 feet.
(15)
At a minimum, the solid waste handling portion of
the site shall be fully enclosed with a fence having a minimum height
of eight feet and containing lockable gates.
(16)
Two site entries shall be provided for facilities
having a designed daily capacity of more than 200 tons.
(17)
Electrical substations within the site shall be enclosed
with fencing having a minimum height of eight feet.
(18)
If located outside a light or heavy industrial zone,
the site shall be landscaped along its entire public highway frontage.
Landscape mounds shall be a maximum height of 10 feet.
(19)
When a facility is served by a public water supply,
a minimum of two fire hydrants shall be located within 50 feet of
the entrance to any intake room. If no public water supply exists,
an acceptable fire pond or other acceptable water supply system must
be provided.
E.
Class IV solid waste management facilities shall also
meet the following design standards:
(1)
Portions of the site which are designed to receive
or store solid waste, including tires, shall be a minimum of 400 feet
from a site boundary. Portions of the site which are designed to store
contaminated liquids shall be a minimum of 200 feet from a site boundary.
Portions of the site which are the subject of mining permits shall
be a minimum of 150 feet from a site boundary.
(2)
Scale houses and/or administration buildings shall
be a minimum of 100 feet from a site boundary. All other buildings
or structures shall be a minimum of 300 feet from a site boundary.
(3)
The maximum height of any constructed fill area shall
be 80 feet above the average elevation of natural grades existing
before construction of the landfill section's base.
(4)
Internal roadways intended to be used by highway vehicles
shall be paved with minimum lane widths of 12 feet and have four-foot
paved shoulders. All roadways surrounding a landfill's base shall
be designed to handle two-way traffic.
(5)
The maximum building height shall be 40 feet.
(6)
All buildings shall be of fireproof construction.
(7)
A concrete hot-load area shall be provided along a
landfill entrance roadway and no less than 150 feet from the scale
house or other building for the inspection of delivery vehicles and
the contents thereof, unless that emission comes from a required safety
device or system.
(8)
All utilities within the site, except those in the
immediate vicinity of leachate storage facilities, shall be underground.
(9)
Permanent landfill gas piping shall be installed below
the barrier layer in the final cover system and underground when outside
of permitted solid waste fill areas.
(10)
Landfill gas pumping stations shall be fully enclosed.
Flares shall be fully screened to avoid nighttime visibility from
any point on the site boundary.
(11)
Landfill gas pumping stations, flares, supplemental
fuel storage and generating facilities shall be fully enclosed within
a freestanding fence 10 feet high, with lockable gates.
(12)
The entire site boundary shall be planted with evergreen
trees within a distance of 50 feet of the perimeter fence (except
for site entrances). Such plantings shall be on offset ten-foot centers.
(13)
Electric substations shall be 80% screened by evergreen
vegetation having a minimum height of eight feet.
(14)
Fuel storage shall be underground or in fully screened
aboveground tanks and shall meet all applicable requirements for spill
prevention, containment and control.
(15)
Convenience centers within the site shall have canopies
over unloading and interior storage space and shall be paved. Maximum
grade separations at convenience centers shall be seven feet. Grade
separation walls shall project 1 1/2 feet above the upper grades.
Ramps serving convenience centers shall not exceed 6% slopes.
(16)
A concrete hot-load area having a minimum dimension
of 30 feet by 40 feet shall be provided along a landfill entrance
roadway no closer than 150 feet from a scalehouse or other building.
This area shall be serviced by a drainage collection and recovery
system, acceptable to the Town, to ensure the prevention of runoff
from this area.
F.
Design requirements set forth above may vary when
applied to portions of sites between two or more facilities located
on the same site and with regard to overall site size requirements
when more than one facility is located on a site which is to include
a Class IV facility.
G.
All variances requested in applications for federal,
state or local permits shall be identified and become a part of an
application for a permit to construct under this article. The granting
of a variance by another agency will not bind the Town to issue the
same variance if it applies to equal or similar provisions of this
article.
H.
These design standards shall apply only to new solid
waste management facilities, unless otherwise specifically provided
for in a permit to operate pursuant to this article.
A.
All construction of buildings and related structures
shall be in accordance with the Uniform Fire Prevention and Building
Code of New York State.
B.
For all Class I and Class II solid waste management
facilities, all roadways, parking areas, signs, landscaping and utility
connections shall be installed before solid waste is received at the
facility.
C.
Class III solid waste management facilities shall
also meet the following construction standards:
(1)
All temporary lay-down areas shall be within the site
and shall not be within 40 feet of overhead utility locations. This
area shall be serviced by a drainage collection and recovery system,
acceptable to the Town, to ensure the prevention of runoff from this
area.
(2)
On-site storage areas for residue materials generated
during start-up, and prior to the issuance of a permit to operate,
shall be in an enclosed building.
(3)
Heavy construction equipment shall not be operated
between the hours of 10:00 p.m. and 7:00 a.m., Monday through Saturday,
or on Sundays, except in light and heavy industrial zones.
(4)
Aircraft shall only be operated during the period
between sunrise and sunset.
(5)
The facility shall contain adequate off-street parking
for all individuals working on the site at any one time.
(6)
All off-loading of construction materials or components
delivered to the site shall occur within the site.
(7)
Any utility interconnections which will cause service
interruptions to other utility users shall only be made after twenty-four-hour
notification to parties so affected.
(8)
Seven-day notice shall be given to the Town for scheduled
blowdown sequences. In addition, all property owners and occupants
of such properties within 1/4 mile of the facility shall receive written
notice at least 24 hours prior to each blowdown event.
(9)
Unless otherwise directed by a public agency having
responsibility for adjacent highways, no temporary signs or lighting
shall be placed beyond the site boundary.
(10)
All temporary signs and lighting equipment shall be
removed prior to the commencement of operations.
(11)
No outdoor electric communication devices shall be
used beyond hours stipulated for heavy equipment operations.
D.
Class IV solid waste management facilities shall also
meet the following construction standards:
(1)
Heavy equipment operations during construction shall
only occur between the hours of 6:30 a.m. and 9:00 p.m., Monday through
Saturday, including any soil processing equipment.
(2)
Aircraft operation shall only be operated between
sunrise and sunset.
(3)
All deliveries of earth materials to the site shall
occur between 7:00 a.m. and 7:00 p.m., Monday through Saturday.
(4)
Mechanical placement of geosynthetics shall occur
only during hours when heavy equipment may operate; however, joining
(seaming operations) may be conducted without limitation.
(5)
Off-street parking for all individuals working at
the site at any one time shall be provided.
(6)
All stockpiled topsoil shall be graded and planted
with grass during the growing season immediately following placement.
(7)
All haul roads shall be treated with water applications
as required in order to prevent off-site distribution of dust.
(8)
A landfill entrance road shall be paved to the point
of scale location or 300 feet, whichever is greater, prior to deliveries
of earth resources from off site.
(9)
Stormwater treatment facilities and erosion control practices in accordance with Chapter 98 of the Code of the Town of Bethlehem shall be developed and made available for use prior to excavations on any other portions of the site which require pumping for discharge of accumulated surface waters.
[Amended 11-14-2007 by L.L. No. 7-2007]
(10)
All temporary signs and lighting shall be contained
within the site and removed prior to facility startup.
E.
Performance guaranties and insurance.
(1)
Where the facility is to be constructed for the Town
or where an applicant is seeking to operate, in whole or in part,
in order to perform a service for the Town, as a condition to the
issuance of a permit to construct, the applicant shall be required
to obtain performance bonds for construction of a facility from a
New York State authorized surety company acceptable to the Town. The
amount of such performance bonds shall be determined by the Town Board
on a case-by-case basis, taking into consideration the size, class
and location of the proposed facility.
(2)
An applicant shall also be required to obtain comprehensive
general liability insurance for claims arising out of injury or damage
to persons or property during construction. In addition, an applicant
shall be required to obtain environmental impairment liability and
pollution discharge insurance for claims arising out of environmental
damage caused by construction activities. The amount of such insurance
shall be determined by the Town Board on a case-by-case basis, taking
into consideration the size, class and location of the facility. On
all insurance required by this section, the Town shall be named as
an additional insured. All insurance shall be issued by a company
licensed to do business in the State of New York and acceptable to
the Town with a rating of AA or better as reported by Moody's Rating
of Insurance Companies. The applicant shall be required to maintain
all insurance until a permit to operate is issued.
A.
All solid waste management facilities shall be operated
in accordance with the following operation standards:
(1)
All applicable fees for facility use shall be clearly
posted at locations ahead of transaction points.
(2)
Rules and regulations regarding site use shall be
clearly posted where they can be read without traffic obstruction
and shall also be available in written form to all facility users
upon request.
(3)
Reports of facility use in terms of solid waste received,
recycled, processed (including special wastes), rejected (and reasons
therefor), energy or fuel generated/recovered, unprocessed bypass
waste, fluids or leachate removed and/or solid waste disposed shall
be prepared on a daily basis and transmitted to the Town within five
business days after the close of each month.
(4)
Access shall be provided to Town officials or its
agents at any time for the purpose of inspecting facilities and observing
operations in order to determine compliance with this article. The
operation of a facility within the Town shall be deemed to constitute
consent to any inspection pursuant to this subsection. The refusal
by an owner, operator or their officers, agents or employees to allow
such inspection shall constitute grounds for the revocation of any
permit issued by the Town for the facility.
(5)
Facilities which accept solid waste from noncontracted
sources or off-site public sources shall accept similar nonhazardous
solid waste from individual sources within the Town of Bethlehem,
provided that appropriate fees are paid. All fees shall be as posted
or as otherwise shown in the permit to operate issued by the Town
and as may be amended.
(6)
All fences and gates shall be maintained as originally
installed. All paved roadways shall be maintained free of obstructions
or holes greater than four inches in any direction. Signs shall be
maintained in good mechanical condition with uniform tones on all
markings. All exterior surfaces of buildings or other structures shall
be maintained with uniform coverings and tones.
(7)
The Town shall be notified immediately of facility
breakdowns which cause waste bypass to facilities located at other
sites, the deposition of hazardous waste or the deposition of waste
which is not permitted at the facility.
(8)
Total daily solid waste intake shall be limited as
set forth in the permit to operate.
(9)
All man-made surfaces (nonorganic) of buildings and
all signs shall be maintained so that not more than 2% of the surface
is deteriorated or damaged.
(10)
Structural deflection from gate and guardrails shall not exceed 5% of the original approved design. Surface conditions shall meet the standards set forth in Subsection A(9) of this section.
(11)
All planting shall be maintained in accordance with
the landscape architecture and screening requirement of any permit.
(12)
Access to the facility shall be provided during all
business hours as set forth in any permit to operate.
(13)
No dirt, dust or other material or substance of any
kind shall be tracked from the facility onto any public road.
(14)
Access to and at least a fifteen-foot unobstructed
clearance from all fire hydrants shall be maintained. A roadway shall
be maintained at least 15 feet from all fire hydrants.
B.
Class I solid waste management facilities shall also
meet the following operation standards:
(1)
Facilities having designed daily capacity of over
500 tons per day shall maintain a minimum interval of five minutes
between transport vehicle movements.
(2)
Loading of rail cars may occur at any time within
structures which are completely enclosed except for rail penetrations.
(3)
Loaded vehicles, including rail cars and barges, may
not remain on site for more than 24 hours, if said vehicles contain
putrescible materials.
(4)
The entire site, including fences, shall be cleared
of accumulated solid waste each operating day.
(5)
All grass on the facility site and adjacent rights-of-way
shall be maintained at a height not exceeding four inches.
(6)
Operators of facilities having a designed daily capacity
of over 500 tons and which are located outside of light or heavy industrial
zones shall, at a minimum, clear all public highway rights-of-way
of solid waste for a center-line distance of one mile in all directions
from the entrance gate every second calendar day.
(7)
No delivery vehicle shall empty any leachate, liquid
or fluid waste at a Class I facility, except that the Town may permit
a direct discharge monitored at all times by the facility operator
and the driver of the vehicle, into a leachate or waste oil holding
and removal system.
C.
Class II solid waste management facilities shall also
meet the following operation standards:
(1)
The entire facility site, outside structures and structural
partial enclosures, including fences, shall be cleared of all accumulated
solid waste each operating day.
(2)
Operators of facilities having a design daily capacity
of over 500 tons and located outside of a light or heavy industrial
zone shall clear all public highway rights-of-way of solid waste for
a center line distance of one mile in all directions from the site
entrance every second calendar day as a minimum.
(3)
All grass on the facility site and adjacent rights-of-way
shall be maintained at a maximum height of four inches.
(4)
All solid waste residuals shall be removed from the
facility within 24 hours.
(5)
No delivery vehicle shall empty any leachate, liquid
or fluid at a Class II facility, except that the Town may permit a
direct discharge, monitored at all times by the facility operator
and the driver of the vehicle, into a leachate and waste oil holding
and removal system.
(6)
Loading of rail cars may occur at any time within
structures which are completely enclosed except for rail penetrations.
D.
Class III solid waste management facilities shall
also meet the following operation standards:
(1)
No delivery vehicle shall empty any leachate, liquid
or fluid at a Class III facility, except that the Town may permit
a direct discharge, monitored at all times by the facility operator
and the driver of the vehicle, into a leachate or waste oil holding
and removal system.
(2)
Pipeline deliveries may be made at any time. Solid
waste size reduction operations shall only occur within stipulated
intake hours unless all doors are closed.
(3)
Solid waste storage prior to processing shall not
exceed eight calendar days, except under conditions attributable to
unscheduled shutdown or capacity reduction due to mechanical failure.
In the event of an unscheduled shutdown or capacity reduction due
to mechanical failure, a maximum storage time of 12 calendar days
may be permitted.
(4)
All waste materials remaining in storage pits longer
than eight calendar days of complete facility shutdown shall be removed
from the site.
(5)
All unprocessed solid waste to be removed shall be
removed in fully enclosed vehicles which shall leave the site in intervals
of no less than five minutes and during permitted waste intake hours
only.
(6)
Following plant shutdown, solid waste shall not be
accepted at a facility until unprocessed waste inventories are reduced
to four days of daily designed capacity.
(7)
Unprocessed waste storage pits shall be managed to
allow no more than one day's designed daily capacity to remain at
the beginning of each week's intake operations.
(8)
The entire facility site, outside structures and structural
partial enclosures, including fences, shall be cleared of all solid
waste debris each operating day.
(9)
Operators of facilities having a designed daily capacity
of 500 or more tons shall also remove solid waste from the public
highway rights-of-way serving the site within a center-line distance
of one mile in all directions from the site entrances each operating
day.
(10)
All informational and regulatory signs shall be maintained
in good mechanical condition, with uniform coloring to all backgrounds,
letters and/or digits.
(11)
All planting shall be maintained in accordance with
the landscape architecture and screening requirement of any permit.
(12)
Loading of rail cars may occur at any time within
structures which are completely enclosed except for rail penetrations.
E.
Class IV solid waste management facilities shall also
meet the following operation standards:
(1)
Machinery operation shall be limited to 1/2 hour before
scheduled solid waste intake and one hour after scheduled solid waste
intake.
(2)
Facilities having designed daily capacity of greater
than 400 tons shall limit total solid waste intake to two times the
designed daily capacity on any given day.
(3)
No delivery vehicle shall empty any leachate, liquid
or fluid at a Class IV facility, except that the Town may permit a
direct discharge, monitored at all times by the facility operator
and the driver of the vehicle, into a leachate or waste oil holding
and removal system.
(4)
Operators of facilities shall remove all solid waste
debris within 50 feet of all internal site roads, landscaped areas,
all primary fencing within 300 feet of frontage roads and all public
rights-of-way along the site boundary each operating day. All remaining
areas of the site and fences shall be cleared of solid waste debris
on a weekly basis.
(5)
Operators of facilities with designed daily capacity
of greater than 300 tons shall, in addition, clear solid waste debris
from all public highways serving the site within a center-line distance
of one mile in all directions from the site entrances each operating
day.
(6)
All landfilling operations shall be such that outer
slopes facing public rights-of-way are filled before interior spaces
and that all resulting surfaces are covered with compact soil or plastic
membrane at the close of each operating day.
(7)
Tires shall not be used for securing geosynthetic
cover membrane materials.
(8)
Outer slopes which are covered with soil shall be
planted with grass as soon as practicable during germination and growing
seasons.
(9)
Roadway surfaces shall be maintained free of tracked
earth materials for a distance of 600 center-line feet inside the
entrance gate.
(10)
A single entrance gate shall be identified as the
facility's normal means of access by all vehicles.
(11)
All other gates shall remain locked at all times,
except emergencies involving public agency response.
(12)
All planting shall be maintained in accordance with
the landscape architecture and screening requirement of any permit.
(13)
Loading of rail cars may occur at any time within
structures which are completely enclosed except for rail penetrations.
F.
Performance and closure guaranty and insurance.
(1)
Where the facility is to be constructed for the Town
or where an applicant is seeking to operate, in whole or in part,
in order to perform a service for the Town, as a condition to the
issuance of a permit to operate, the applicant shall be required to
obtain performance bonds for the operation of the facility. The amount
of such performance bond shall be determined by the Town Board on
a case-by-case basis, taking into consideration the size, class and
location of the proposed facility.
(2)
An applicant shall also be required to obtain comprehensive
general liability insurance for claims arising out of injury or damage
to persons or property. In addition, an applicant shall be required
to obtain environmental impairment and pollution discharge liability
insurance for claims arising out of environmental damage. The amount
of such insurance shall be determined by the Town Board on a case-by-case
basis, taking into consideration the size, class and location of the
facility. On all insurance required by this section, the Town shall
be named as an additional insured. All insurance shall be issued by
a company licensed to do business in the State of New York and acceptable
to the Town with a rating of AA or better as reported by Moody's Rating
of Insurance Companies. The applicant shall be required to maintain
all insurance during the effective period of the permit, and such
insurance shall not be canceled by the insurer except upon 60 days'
notice to the Town.
(3)
In addition to the above, and to any other requirement
by a governmental unit or entity other than the Town of Bethlehem,
as a condition to the issuance of a permit to operate, an applicant
shall be required to provide, by bond, insurance, escrow account or
other means, sufficient assurance of the ability of the applicant
to timely and properly complete the closure of the solid waste facility
in accordance with requirements of the Town and all other applicable
state, federal or local laws. The method by which such assurance is
to be provided and the amount of such bond, insurance or escrow account
shall be determined by the Town Board on a case-by-case basis, taking
into consideration the size, class and location of the proposed facility
and the nature of its operation and possible impacts on the environment.
Such bond, insurance or escrow account shall be dedicated by the applicant
solely for the purposes of facility closure and related expenses and
may not be diminished, encumbered or used for any other purpose by
the applicant, including but not limited to as any form of collateral,
without the specific written permission of the Town. The applicant
shall be required to maintain such bond, insurance or escrow account
during the effective period of the permit and for a period of 30 years
after a solid waste facility ceases operations or a permit to operate
lapses, is surrendered or is withdrawn, whichever period is longer.
A.
The following operational and environmental monitoring
and testing standards shall be followed by all facilities, unless
otherwise provided in this article or in a permit to operate by the
Town:
(1)
Operational monitoring and testing.
(a)
All components of a facility shall be monitored
and tested as required in the operation and maintenance manual approved
by the Town. At a minimum such monitoring requirements shall provide
that:
[1]
The facility is monitored and inspected on at
least a weekly basis for malfunctions, deterioration of equipment,
operator error and any actual or threatened discharges constituting
a violation of the conditions of any operating permit, whether issued
by the Town or any other governmental agency. A record of all inspections
must be kept at the facility and summarized in the monthly operating
report submitted to the Town.
[2]
All aboveground tanks and associated gauges,
valves and equipment shall be inspected weekly and a log maintained
on file for each tank during the life of the facility and for a period
of 30 years after its closure or the cessation of operations, whichever
comes later.
[3]
All underground tanks and associated gauges,
valves and equipment shall be monitored daily and a monitoring log
maintained on file for each tank during the life of the facility and
for a period of 30 years after its closure or the cessation of operations,
whichever comes later.
[4]
All other pollution control systems and associated
gauges, valves and equipment shall be monitored weekly and a monitoring
log maintained for each pollution control system during the life of
the facility and for a period of 30 years after its closure or the
cessation of operations, whichever comes later.
[5]
All solid waste delivered to a facility shall
be tracked and documented. The following information shall be compiled
weekly: the amount of solid waste received during the week; the amount
of solid waste processed during the week; the amount of solid waste
removed from the facility site during the week, either processed or
unprocessed; the amount of processed solid waste stored on site at
the end of the week; and the amount of unprocessed solid waste stored
on site at the end of the week.
[6]
Any unauthorized solid waste delivered to a
facility shall be tracked and documented. The following information
shall be compiled weekly: the amount of unauthorized waste delivered
to the facility during the week; the person who delivered said waste;
the amount of time the unauthorized waste was stored at the facility;
and the solid waste management facility at which the unauthorized
waste was disposed of and the means and date of delivery thereto.
(b)
In the event that the operator fails to comply
with these monitoring requirements, in addition to all other remedies
provided by this article, the Town may undertake such program of monitoring.
All expenses related thereto shall be paid by the facility owner or
operator. This shall include a full-time, Town-designated on-site
monitor if required by the Town.
(c)
All monitoring records and logs shall be maintained
on file and made available to the Town during the life of the facility
and for a period of 30 years after its closure or the cessation of
operations, whichever comes later.
(d)
Copies of all records and logs required by this
section shall be submitted to the Town in monthly monitoring reports
to be filed within five days of the end of the month in which such
record and logs are made. Each facility shall maintain records and
logs reflecting all testing of such equipment, gauges or devices,
the personnel involved in such testing and the standard methods and
calibration records used in relation to such testing.
(e)
All monitoring or testing reports or results
for facility components required by any federal, state or local agency,
or undertaken for any other reason by the owner or operator by the
facility, shall also be submitted to the Town within five days of
the receipt or preparation of such reports or results.
(f)
An annual facility operation, monitoring and
testing report shall be submitted by the operator to the Town. The
report shall be prepared by an engineer licensed to practice in New
York State and shall certify that the facility has been monitored
and tested in compliance with the permit to operate and the operator's
operation and maintenance manual and that all components, equipment,
devices and instrumentation at the facility have been properly calibrated
and meet manufacturer specifications.
(2)
Environmental monitoring and testing; operations.
(a)
All facilities where the operation thereof involves
or causes a discharge or emission of any kind shall be equipped with
devices capable of continuously monitoring such discharges or emissions,
unless such devices are not commercially available, cannot be monitored
or such discharges or emissions cannot be monitored reliably, in which
case the Town shall set an alternate discharge or emission monitoring
requirement. If such continuous monitoring or testing device becomes
available and feasible to use in the future, the Town may order the
installation of such device.
(b)
Unless otherwise provided by the Town in an
operating permit, all discharge or emission points shall be monitored
continuously, and a record of such monitoring shall be made daily.
A report of such monitoring shall be submitted to the Town within
five days of the end of the month.
(c)
The monthly monitoring reports shall also include:
[1]
A copy of any reports filed with federal, state
or local agencies during the month.
[2]
A report of any excess discharges or emissions
or any spills or leaks into the environment, including the indoor
environment, the corrective action taken and the modification to the
facility's operation and maintenance manual and/or quality assurance
and quality control plan to be undertaken to prevent such excess discharge,
emission, spill or leak into the environment in the future.
[3]
A report of the monitoring and testing of various
regulatory monitoring points established in a permit to operate. All
facilities with the designed daily capacity of 20 tons per day, or
storage capacity of greater than 150,000 cubic yards, and all household
hazardous waste facilities shall be monitored, unless otherwise provided
by the Town, as follows:
[a]
Groundwater monitoring report.
[i]
Groundwater monitoring report shall
be submitted with an application for a permit to operate which shall
analyze the hydrogeologic conditions at the site, with a plan acceptable
to the Town setting forth procedures for obtaining, securing the integrity
of and analyzing groundwater monitoring samples.
[ii]
The report shall be based on analytical
data from a sufficient number of monitoring wells installed on the
site to determine groundwater flow and background conditions of the
uppermost water-bearing unit, unless comparable and reliable data
is available and approved by the Town, in which case only one downgradient
groundwater monitoring well may be required.
[iii]
All monitoring wells which are
installed shall be constructed in a manner which maintains the integrity
of the monitoring well and be sealed to prevent contamination of samples
or groundwater.
[iv]
The report shall provide an analysis
of the expanded parameters set forth in 6 NYCRR 360-2. The Town will
set applicable monitoring frequencies for groundwater at the site
based on the analysis of background conditions. Groundwater monitoring
points shall be sampled and analyzed quarterly.
[v]
The analytical results and any
other reports regarding sampling shall be certified and submitted
directly to the Town by the certified lab which completed the analysis
or report and summarized in the monthly monitoring report.
[b]
Surface water monitoring report.
[i]
A surface water monitoring report
shall be submitted with a permit to operate and shall contain an analysis
of the surface waters on site acceptable to the Town.
[ii]
The report shall contain an analysis
for the expanded parameters set forth in 6 NYCRR 360-2, shall identify
the proposed monitoring points and shall contain an acceptable plan
setting forth procedures for obtaining, securing the integrity of
and analyzing groundwater monitoring samples. The Town will set applicable
monitoring frequencies for surface water at the site based on the
analysis of the background conditions. Surface water monitoring points
shall be sampled and analyzed quarterly.
[iii]
The analytical results and any
other reports regarding sampling shall be certified and submitted
directly to the Town by the certified lab which completed the analysis
or report and summarized in the monthly monitoring report.
(3)
Post-closure monitoring and testing. All nonexempt
facilities shall conduct environmental monitoring and testing after
closure of the facility. A post-closure monitoring and testing plan
shall be submitted to the Town with an application for a permit to
operate a facility. At a minimum the plan shall:
(a)
Set forth procedures for obtaining, securing
the integrity of and analyzing groundwater monitoring samples.
(b)
Provide for quarterly sampling and analysis
of all environmental monitoring points.
(c)
Provide that analytical results, and any other
reports regarding sampling, be certified and submitted directly to
the Town by the certified lab which completed the analysis or report
and summarized in the annual post-closure monitoring report.
(d)
Provide for at least monthly inspections and
monitoring of the facility and submission of such inspection reports
with the annual post-closure monitoring report. The frequency of inspections
may be increased by the Town if any type of collection, treatment
or storage of leachate, gas or other substance, generated at the facility
after closure, will occur.
(e)
Provide a contingency plan for handling and
addressing releases, contamination or threatened releases or contamination
at the facility.
(f)
Provide for an annual post-closure monitoring
report which shall include a narrative description of the facility,
any operations and inspections during the year, copies of inspection
reports, maintenance reports and analytical reports on quarterly sampling.
B.
The following monitoring and testing standards shall
apply to all facilities, unless otherwise provided in the application
or in a permit to operate:
(1)
(2)
Noise. The intensity of sound (direct or reflected)
generated by a facility shall be controlled to prevent noise levels
beyond the property line from exceeding the following ambient levels
unless the noise emission arises from the operation of a required
safety device or system:
(6)
Maintenance of plantings, screening and landscaping.
(a)
There shall be germination and/or survival of
all trees, shrubs or other plants required by the Town for screening
and other purposes.
(b)
The height of grasses or other ground covers
in open lawn areas shall not exceed four inches, except in times when
the Town has declared a drought condition and has restricted the use
of water in landscape maintenance.
(7)
Odors. The intensity of odors generated by a facility
shall be controlled to prevent any noxious or offensive odors beyond
the property line.
(9)
Facility air pressure. Where negative air pressure
is required in a structure or facility, the barometric pressure inside
the structure or facility shall be lower than the pressure outside
the facility.
(10)
Storage of flammable or combustible materials.
(a)
In the event that any solid waste facility will
involve the accumulation or storage of items or materials that are
flammable or combustible, all such material must be stored in an area
equipped with an operating sprinkler or fire-abatement system allocated
to the type of materials stored, if stored within a structure or facility,
and within operating range of a working hydrant if stored in an exterior
area. If no public water supply exists, an acceptable fire pond or
acceptable water supply must be provided.
(b)
This requirement shall be in addition to any
state or local fire code or other statute or regulation governing
the handling, storage or transportation of items or materials that
are or may become flammable or combustible.
C.
The Town Engineer may promulgate additional rules,
regulations or and/or standards to implement these monitoring and
testing requirements and standards.
D.
The above requirements shall be in addition to any
operational and environmental monitoring and testing standards required
by any state, federal or local regulatory body. Further, the above
shall not limit the authority of the Town, by this article or otherwise,
to perform inspections or to receive access to data, reports or audits
performed by the operator or performed or required by any other person
or governmental body.
A.
Notwithstanding any general or special law to the
contrary, all solid waste management facilities which require permits
pursuant to this article shall submit a regulatory program fee as
set forth in this section. Such program fees shall be paid annually
to the Town, on such forms and at such times as are specified by the
Town.
B.
All existing solid waste management facilities which
require permits pursuant to this article shall be liable to the Town
for the fees set forth in this section on and after [date].
C.
All new solid waste management facilities which require
permits pursuant to this article shall be liable for the program fees
set forth in this section on and after the effective date of this
article.
D.
Liability for all program fees authorized by this
section shall equal the annual fee established. The initial fee to
be paid shall be prorated from the date of issuance. All payments
shall be due within 30 days of billing by the Town.
E.
If the program fee is not paid within 30 days of the
date it is due, a penalty shall be imposed. The amount of the penalty
to be imposed shall be 5% of the amount of the program fee as originally
billed. A penalty may be imposed for each thirty-day period, or part
thereof, that the program fee is not paid. The total penalty imposed
shall not exceed 50% of the program fee as originally billed by the
Town. Notice of a determination that a penalty is due, together with
a notice of the right to appeal such determination, shall be given
in writing to the permit holder at the address set forth in the permit.
The determination shall be final and irrevocable within 10 days, unless
such permit holder requests a hearing, in writing, by certified mail
addressed to the Town Supervisor. A hearing shall be held within 15
days of receipt of the request for a hearing or such later date as
may be consented to by the permit holder and the Town. Notice of the
final determination shall be given to the permit holder in writing
after such hearing. No penalty authorized by this subsection shall
be assessed until after the expiration of the period in which a hearing
may be requested or the issuance of a final determination following
a hearing, whichever is later.
F.
Interest shall be collected upon any unpaid amount
of the program fee as billed by the Town. Interest shall be collected
at the rate of 9% and shall begin to accrue 30 days after the date
the fee was due and shall continue until the date payment is actually
received by the Town. Interest shall accrue and be collected in addition
to any penalties which may be due.
G.
The Town may suspend or revoke a permit for a facility
if the program fee authorized by this section is not paid as required
herein.
H.
All solid waste management facilities which require
a permit pursuant to this article shall pay to the Town a program
fee as shall be established by the Town Board.
A.
The Town Building Inspector shall be responsible for
the enforcement of any violations of this article.
B.
The Town Building Inspector, or his duly designated
employee or agent, shall be permitted to enter and inspect at any
time any solid waste management facility located in the Town and to
access and copy all books, papers, documents and other records relating
to the construction, operation and monitoring of the facility.
[Added 12-22-1993 by L.L. No. 11-1993]
A.
Upon a written verified application by an owner, and
by an operator if different from the owner, the Town Board may, in
its sole discretion, grant a variance from one or more provisions
of this article.
B.
An original and 10 copies of an application for a
variance pursuant to this section shall be filed with the Town Clerk.
An application for a variance must include evidence that:
(1)
Identifies the specific provision(s) of this article
from which a variance is sought;
(2)
Demonstrates that strict compliance with the provisions
identified creates practical or operational difficulties for the applicant
which are substantial in nature and would impose an unreasonable economic
or technological burden on the applicant or demonstrates that unusual
circumstances exist, unique to the applicant, that should excuse the
applicant from strict compliance with this article's provisions;
(3)
Demonstrates that the variance sought is the minimum
variance necessary; and
(4)
Demonstrates that the facility, with the variance,
shall not have an adverse impact on the public health, safety or welfare
or the environment or natural resources of the Town and shall be consistent
with the intent, provisions and policies of this article and the Town
Code.
C.
In making its determination, the Town Board shall
take into consideration the following:
(1)
The benefit to the applicant(s) if the variance is
granted.
(2)
The detriment to the health, safety and welfare of
the neighborhood, community and/or the Town if a variance is granted.
(3)
Whether the benefit sought by the applicant(s) can
be achieved by any feasible method other than a variance.
(4)
Whether the variance is substantial.
(5)
Whether adverse impacts or effects may be reasonably
expected if the variance is granted and whether such impacts can be
mitigated by applicant(s).
(6)
Whether the applicant(s) was or should have been aware
of the actual or potential difficulty or condition at the time of
the acquisition of land, operation or business for which the variance
is sought and whether the applicant(s) caused or created or contributed
to any condition or difficulty on which the variance application is
based.
(7)
Whether the variance is the minimum variance necessary.
(8)
Whether the denial of the variance will deprive the
applicant of all economic use or benefit from the property in question.
D.
In making a determination to grant a variance, the
Town Board may grant only the minimum variance which is necessary
and adequate and, at the same time, which preserves and protects the
character of the neighborhood and the health, safety and welfare of
the neighborhood, community and the Town. The Town Board may impose
any and all conditions and restrictions related to and/or incidental
to the siting, construction and/or operation of the facility with
the variance. Such conditions shall be consistent with the provisions
and policies of this article and shall minimize any adverse impact
or effect said variance may have on the neighborhood, community or
the Town. The burden of demonstrating the need and appropriateness
of the requested variance is solely that of the applicant(s).
E.
Application; hearing; determination.
(1)
Within 45 days of the date that an application is
filed with the Town Clerk, the Town Board shall review the application
and make a determination as to whether it is complete and contains
all of the information required under this section.
(2)
If the application is determined to be incomplete,
written notice shall be given to the applicant(s) containing a brief
statement identifying material and information required to complete
the application. The Town Board may require the submission of additional
information before reaching a determination under this section.
(3)
When an application is determined to be complete,
the Town Board shall schedule a public hearing on said application.
Such hearing shall be held within 60 days of the date on which the
Board shall determine the application to be complete. The applicant
shall be responsible for all costs of any hearing(s), including but
not limited to the cost of advertising and the cost of transcribing
the minutes of said hearing.
(4)
The Town Board shall make a determination to approve
or approve with conditions or deny the application for a variance
within 30 days of the date on which the hearing transcript is accepted
by the Board at a meeting of the Board or from that date when additional
documentation requested at the hearing is accepted and determined
to be complete by the Board.
F.
There shall be no right to a variance under this section.
Upon consideration of the criteria set forth herein, the issuance
of any variance shall be in the sole discretion of the Town Board.
A claim that compliance with this article will cause additional cost
or expense for the construction or operation of a solid waste facility
or, further, that compliance with this article shall require changes
or modifications in an existing facility or its method of operations
shall not constitute a basis for the granting of a variance pursuant
to the provisions of this article.
G.
The applicant(s) shall be liable to the Town for any
costs incurred by the Town for the investigation, processing or analysis
of an application for a variance, including the Town's legal fees,
if any. Payment by the applicant(s) of all such costs shall be a condition
precedent to the effective date of any variance granted pursuant to
the terms of this section.
H.
This section shall take effect immediately upon filing
with the Secretary of State.
A.
Any person who shall commit an offense against any
of the provisions of this article or fail to comply therewith shall
be guilty of a violation and, upon conviction thereof, be punishable
by a fine not exceeding $250 for each violation or by imprisonment
for a term not to exceed 15 days, and/or both such fine and imprisonment.
Each act or day of continuance of such act shall constitute a separate
violation.
B.
Any person who shall violate any of the provisions
of this article or fail to comply therewith shall also be liable to
the Town for a civil penalty of not less than $1,000 nor greater than
$2,500 and an additional penalty of $2,500 for each day during which
such violation continues. Each act or day of continuance of such act
shall constitute a separate violation.
C.
In addition to the penalties above provided, after
a hearing the Town Supervisor may revoke any permit issued pursuant
to this article if the Town Supervisor at such hearing determines
the holder of such permit to be a persistent violator; or incapable
of or unwilling to comply with the provisions of this article; or
to have intentionally or negligently acted, or failed to act, in a
manner that has harmed or created a risk of harm to the aesthetics
and environment of the Town and the health or safety of its inhabitants;
or to have utilized said permit in a manner inconsistent with this
chapter; or to have allowed said permit to be utilized by other than
its issue. The permittee shall have an opportunity to be heard at
such hearing, which shall be held after such permittee shall be served
by written notice of such hearing in person or by registered mail,
return receipt requested, not less than 15 days prior to the date
of such hearing.
D.
Violation of the provisions of this article by an
operator shall serve as cause for the suspension or revocation of
any permit issued to the owner of such facility.
E.
The Town shall also have such other remedies as are
provided by law, including the right to injunctive relief.
If any clause, sentence, paragraph, section,
article or part of this article 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, section, article
or part thereof directly involved in the controversy in which such
judgment shall have been rendered.
This article shall take effect when the appropriate
certified copies hereof are filed with the Secretary of State pursuant
to the applicable provisions of the Municipal Home Rule Law.
