Town of Niagara, NY Solid Waste Management Facilities

The operator of any industrial waste disposal, solid waste management facility, recycling or sanitary landfill facility which is operative as of the effective date of this article shall submit an application for a siting and operating permit within six months after the effective date of this article. A complete application for existing facilities which is timely submitted shall be deemed an operation permit until such application is acted upon. If a submitted application is deemed incomplete by the Town Board, the subject applicant shall be notified of such defect and shall be given an additional period of 30 days to complete the application. Failure to do so within such thirty-day extension period shall result in an automatic denial of the application. In addition to the application content requirements, hereinafter enumerated, all applications submitted under this subsection shall also include:

A detailed report describing the plan of operation and a contingency plan setting forth in detail a proposal for corrective or remedial action to be taken in the event of equipment breakdowns, ground, surface water or air contamination resulting from the facility's operation, fires and/or spills.

A reasonable demonstration that the facility has satisfied all applicable standards of operation as enumerated in the Environmental Conservation Law of the State of New York, and regulations thereunder, by demonstrating specific means for meeting such standards, unless:

[1]

A reasonable schedule of specified remedial action, with interim and final attainment dates, for achieving compliance with the dictates of Part 360 of NYCRR is submitted to the Town Board within 30 days of notification by the Town Board that such a schedule is essential, and provided further that such schedule is approved by the Town Board; or

[2]

A variance has been granted pursuant to § 208-10 of this article.

Proposed facilities and modification to existing facilities.

Any person who proposes to construct an industrial waste disposal, recycling, sanitary landfill or solid waste management facility in any zoning district of the town or who proposes to expand or modify any phase of any existing facility shall submit a complete application for a siting and construction permit to the Town Board not less than 90 days in advance of the date on which it is proposed to commence such siting or construction, modification or expansion. No such modification or construction shall take place without prior Town Board approval.

The following acts are deemed to be modifications which require construction permits:

Expansion of the facility by acquisition by purchase, lease or otherwise of additional land which was not the subject of or included in any application submitted under this article.

Increase in the total quantity of industrial waste received during any quarter at the facility by 50% or more over the total quantity of waste received during the comparable quarter of the preceding year, except where such increase is not in excess of the approved design capacity of such facility for such time period or change in the type, kind or quantity of industrial waste previously approved.

Movement of a disposal, recycling or landfill operation to a portion of property already owned, leased or otherwise held by the facility which was not the subject of or included in any application submitted under this article.

(d)

Expansion of the facility by the installation of additional processing equipment which increases the approved design capacity of the facility or which changes the facility process, or such expansion for construction which modifies the height of an existing facility or changes the outside dimensions of the facility.

In addition to the application content requirements hereinafter enumerated in § 208-8, all applications submitted under this subsection shall also include the following:

A detailed engineering plan and specifications reflecting the construction of the proposed facility.

A contingency plan setting forth in detail a proposal for corrective or remedial action to be taken in the event of equipment breakdowns, ground, surface water or air contamination attributable to the facility's operation, fires, spills and release of waste materials.

Compliance with all town ordinances and local laws and the Environmental Conservation Law of the State of New York.

§ 208-7 Town Board action.

Within 60 days following receipt of a completed application, or such longer period as may be agreed upon in writing by said Town Board and applicant, the Town Board, after a public hearing, shall either approve the application and issue the appropriate permit or disapprove the application. If an application is disapproved, the Town Board shall notify the applicant of such decision and state in writing its reasons therefor. The Town Board may refer the application to the Town Planning Board and/or Environmental Commission of the Town of Niagara for study upon receipt of said application, and they shall report to the Town Board within 30 days of such referral. In conjunction with the consideration of any permit called for under this article, the town shall contemporaneously conduct any proceeding required by Article 8 of the Environmental Conservation Law.

When determining the feasibility of issuing an operating or construction permit, the Town Board shall consider the following criteria:

Existing facilities. A siting and operating permit shall be issued for an industrial waste disposal, recycling, incineration facility, solid waste management facility or sanitary landfill facility in operation as of the effective date of this article, only if it has been demonstrated that said facility has complied with the standards of operation as set forth in the Environmental Conservation Law and Part 360 NYCRR and this article and all town laws; otherwise, such permit shall be denied, and the facility shall thereafter accept no new wastes but shall have 90 days to cease operations and complete restorative measures.

Proposed facilities. An operation and siting permit shall be issued for a proposed solid waste management facility only if the proposed construction thereof is demonstrated to be in accordance with the terms of a DEC issued construction and operating permit and certification of the proposed construction has been submitted in accordance with the dictates of the Environmental Conservation Law and regulations promulgated thereunder and the criteria set forth in this chapter.

When determining the feasibility of issuing a town siting and construction permit for the placement of a proposed solid waste management facility, sanitary landfill facility or the proposed modification of an existing facility, the Town Board shall not issue said permit unless the submitted engineering data and construction plans have been approved by the Town Engineer, Code Enforcement Officer or the town's consulting engineers and after the Board and applicant have complied with the dictates of the Environmental Quality Review Act of the State of New York (SEQR).

The Town Board shall hold a public hearing concerning the proposal, and the hearing shall be scheduled within 60 days of the receipt of a completed application.

§ 208-8 Permit application contents.

All applications for a permit for the siting, construction, modification or expansion of a facility shall include an application to the Town Board upon a form prescribed by said Town Board.

The applications shall be accompanied by any other data the Town Board reasonably requires to determine the feasibility of issuance or denial of a permit and such information as may be required by the New York State Environmental Quality Review Act (SEQR).

All applications shall contain the following:

Engineering plans, reports and specifications prepared by a person or firm registered to practice professional engineering in New York State.

The location of all property boundaries certified by a person or firm legally qualified to practice land surveying in New York State.

The applicant shall survey and record, and include in his or her application, background sound level data in the vicinity of the facility at the time of application and a topographic map, hydrogeological report, survey of area drainage and proposed location of monitoring wells, if required by the DEC.

A proposed detailed program for estimate of the closure of the facility to be implemented when use of the facility or the useful life of the facility permanently terminates. Such proposal shall set forth a restoration plan which must satisfy the following minimum criteria:

No slope shall be left with a grade steeper than one foot of a vertical rise to three feet of horizontal distance, and the normal angle of repose should not be exceeded in any case.

All stumps, boulders and other debris resulting from the excavation and appurtenant activities or related operations shall be disposed of by approved methods and, if disposed on the site, such debris shall be covered with a minimum of two feet of soil.

Topsoil shall be spread over the excavated area to a minimum depth of six inches or as required by Part 360 NYCRR, whichever is greater.

(d)

The restoration area shall be planted with trees, shrubs, grass or other vegetation so as to provide for screening, natural beauty and soil stability. The planting shall follow acceptable conservation and engineering practices.

(e)

Restoration shall be undertaken in such a way that natural and storm drainage, where it enters and leaves the premises, shall be altered only to the minimal degree necessary to carry out excavations and appurtenant activities. Any alterations of natural and storm drainage shall not adversely affect public roads or neighboring property owners.

(f)

Restoration shall be a continuous operation, subject to review and approval at each inspection and at the termination of the permit period. Topsoil grading and planting of the area designated for restoration during the permit period shall have been completed before a permit renewal is granted.

(g)

Within six months after termination and closure of the facility operation, all equipment, buildings, structures and other unsightly evidence of the operation and/or construction shall have been removed from the premises or disposed of by approved methods, and all restoration shall have been completed.

(h)

An enumerated list of wastes to be received, treated or disposed of, the quantities of such wastes to be received, their places of origin, method of transportation to be utilized for their shipment to the facility and the proposed method for their recycling or disposal. The applicant shall identify all highways to be used for access to the facility.

(i)

A proposed program for the monitoring of all activities of the facility by personnel of the Town of Niagara or persons authorized by the Town of Niagara whereby such personnel or persons shall be allowed access to the facility at regular stated times and also any other time deemed necessary by the Code Enforcement Officer.

(j)

All methods and actions to be utilized are to satisfy the dictates of all applicable standards of operations, as enumerated by 6 NYCRR 360 and herein.

(5)

In the case of an incineration facility, there shall be submitted, where revelant, and in addition to the above requirements, a detailed plan of air pollution abatement and the following:

A description of the waste to be transported into the facility.

A description of the burning process, prevailing winds and their effect on adjacent commercial and residential areas.

A detailed plan for vermin control.

(d)

A detailed plan or drawing of the physical facility which shall include the height of any structures and compliance with Chapter 155, Fire Prevention and Building Construction, of the Code of the Town of Niagara.

(e)

A statement showing the proposed transportation route of any vehicles transporting waste to the facility.

(f)

A proposed plan for disposition and transportation or the burying of any waste product produced by incineration.

(6)

All applications shall be accompanied by evidence of authority to sign the application and shall be signed as follows:

Corporation: by a duly authorized principal executive officer of at least the level of vice president, accompanied by a certified copy of the authorizing corporate resolution.

Partnership: by a general partner.

Sole proprietorship: by the proprietor.

(7)

Applications shall be sworn to by or on behalf of the applicant in respect to all statements of fact therein or shall bear an executed statement by or on behalf of the applicant, pursuant to the New York State Penal Law § 210.45, to the effect that false statements made therein are made under penalty of perjury.

(8)

Each permit application shall be accompanied by an application fee as set forth from time to time by resolution of the Town Board to defray the cost of review thereof, and the town reserves the right to request additional moneys to defray expenses as provided under the Environmental Quality Review Act (SEQR) and regulations promulgated thereunder.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(9)

Each applicant shall demonstrate that the facility will not have an adverse impact upon the environment of the Town of Niagara, town-wide fire protection, town-wide sewer, water and public utilities, local traffic conditions, local land use and planning, and the Town Board and Planning Board shall approve an application only after careful consideration of the above criteria and requirements.

§ 208-9 Bonds and insurance.

As a condition of the issuance of any permit, the town may request the following bonds or insurance issued by a bonding, surety or insurance company acceptable to and in an amount set by the Town Board:

Performance bond to insure the proper performance of the work and siting of the facility pursuant to the details of the application, the dictates of this article and any other local or state law.

Restoration bond to insure that all restoration work is completed pursuant to the plan submitted with the application, the dictates of this article and any other local law or ordinance.

Penalty bond to insure that all fines and penalties levied and judgments secured pursuant to this article are promptly tendered and satisfied.

Proof of liability insurance covering injuries to person and property. The town reserves the right to require that it be a named insured on any policy required hereunder.

The terms and conditions of all such bonds shall be clearly set forth in detail on the permit, including the amounts of such bonds and insurance.

§ 208-10 Variances.

The Town Board, upon written application from any person who is subject to the dictates of this article, may, in its discretion, grant a variance from one or more specific provisions of this article only if said applicant:

Identifies the specific provisions from which a variance is sought.

Demonstrates that compliance would, on the basis of conditions unique and peculiar to applicant's particular situation, tend to impose a substantial, financial, technological or safety burden on the applicant or the public.

Demonstrates that the proposed activity which is the basis of the requested variance will have no significant adverse impact on the health, safety, welfare and natural resources of the Town of Niagara and will be consistent with the purpose of this article, the provisions of the New York State Environmental Conservation Law and any rules and regulations promulgated thereunder.

Demonstrates that a prior application has been made to a public authority or body which contains part or all of the information and data required under this article; provided, however, that the applicant provides the Town Board with the prior application and underlying documents, in which case the Town Board may accept such data or information as an application under this article. The Town Board shall request such additional data as may be necessary to make a determination under this article.

In granting a variance, the Town Board may impose specific conditions to ensure that the subject activity will have no adverse impact on the health, safety, welfare and natural resources of the Town of Niagara.

§ 208-11 Reissuance of permits.

Any permit holder who intends to continue construction or operations beyond the period of time covered in such original permit must file for reissuance of such permit at least 30 days prior to its expiration. Filing for reissuance shall be made by the permit holder on forms prescribed by resolution of the Town Board available from the Town Clerk, or if no such forms are prescribed, then on the same form as was previously filed. The provisions of this article relative to submittal and processing of initial applications shall apply to reissuance applications under this section to the extent indicated by the Town Board.

Upon review of a request for reissuance, the Town Board shall determine whether the application is in compliance with or has substantially complied with all terms, conditions and requirements of the expiring permit and of this article when:

The Town Board, after a public hearing, determines in the affirmative that the permit may be reissued.

The Town Board determines in the negative or if other circumstances exist which indicate noncompliance with any provisions of this article or original permit, the Town Board shall take appropriate action to secure compliance, including but not limited to a denial of reissuance.

§ 208-12 Modification, suspension and revocation of permits.

Upon a minimum of 16 days' notice and opportunity for a hearing, any permit issued pursuant to this article may be modified, suspended or revoked, in whole or in part, during its term for cause, including but not limited to the following:

Violation of any part of this article or the terms of a permit issued pursuant to this article. The Town Board shall also consider any previous violations of this article or the terms of the permit.

Obtaining a permit by misrepresentation or failure to fully disclose all revelant facts.

Materially false or inaccurate statements or information in an application for a permit.