A.
The purpose of the Waste Disposal Site District is
to identify and evaluate any confirmed waste disposal sites located
on a site or within 2,000 feet of a proposed development and regulate
any activity in these areas by requiring review and permit approval
prior to project commencement.
B.
Waste disposal sites have the potential to pose a
hazard to health and the environment. The regulations contained in
this district are designed to promote a coordinated review by appropriate
agencies and the Town, analyze known waste disposal sites prior to
development and protect humans, animals, structures and the environment
from exposure to potential contamination through direct or indirect
contact.
The locations of confirmed waste disposal sites
are shown on the Official Waste Site Inventory Maps for the Town of
Brighton, which include any locations of waste sites in adjacent municipalities
that are located within 2,000 feet of the municipal boundary. Sites
known to contain waste are based upon information obtained from the
Monroe County Environmental Management Council (MCEMC), Monroe County
Department of Health (MCDOH), New York State Department of Environmental
Conservation (NYSDEC), municipal files, aerial photos, knowledge from
residents or through site investigations. Additional site investigation
may be necessary to determine if these sites contain hazardous waste.
A.
Review authorities.
(1)
The Monroe County Department of Health is involved
in the review of realty subdivision, on-site sewage disposal installation,
water main extensions and sanitary sewer extensions. The County Health
Department also assists with inventorying and reviewing information
on waste sites, developing municipal reports on waste sites, reviewing
information and reports on hazardous waste sites and reviewing comments
on proposed developments near waste sites. County Health Department
approval can be withheld until the waste site concerns have been adequately
addressed.
(2)
Preliminary reviews of many developments (under the
authority of the New York State General Municipal Law §§ 239-l
239-m, and 239-n are performed by the Monroe County Planning Department's
Development Review Committee. Waste sites which may impact the proposed
development are also identified during this review process, resulting
in a recommendation to the developer and municipality that an evaluation
of the impact of a waste site be conducted.
B.
Impact assessment.
(1)
Waste disposal sites have the potential to pose a
hazard to human health and the environment. Therefore, consideration
of a nearby waste site's potential effect upon future residents or
users of a proposed development is within the purview of the State
Environmental Quality Review Act (SEQR).[1]
[1]
See § 8-0101 of the Environmental
Conservation Law.
(2)
Potential adverse effects from waste disposal sites
can include the following:
(a)
Direct human contact with waste materials when
development occurs on or near a waste disposal site.
(b)
Indirect human contact with waste materials,
such as when utility service is extended through a waste site and
contamination subsequently migrates along the sewer, water or other
underground line.
(c)
Contamination of drinking water from private
wells as a result of contaminated groundwater.
(d)
Exposing the work force to potentially hazardous
conditions when contaminated groundwater infiltrates industrial buildings.
Such a situation may not necessarily involve acute toxicity problems,
but prolonged exposure of workers to low-level toxicity may have a
cumulative effect over time.
(e)
Exposing construction workers to hazardous conditions
during site preparation and project development, particularly during
excavation operations, when the risk of explosion from accumulations
of methane gas may be present.
(f)
Exposure of other living organisms to contamination.
Stormwater runoff from a new development discharged in the direction
of a waste site could generate additional leachate and/or erode cover
material, allowing leachate to escape, which may prove harmful to
nearby plant and animal communities.
(g)
Damage to nearby utility lines or building foundations
due to the corrosive and reactive characteristics of certain wastes.
C.
Proximity of a proposed development to a waste disposal
site does not necessarily result in disapproval of the project. It
may require special design features to mitigate potential problems
as well as additional conditions of approval to provide for careful
monitoring during construction.
D.
By working closely with the Town and developers conducting
site investigations, the MCEMC and the MCDOH can identify issues that
need to be addressed on a site specific basis. Early joint review
by the Town and the county will assist the applicant in obtaining
site plan approval. Noninvolvement by county agencies in the early
stages may delay a project when the applicant seeks county permits
at a later date.
When an applicant first contacts the Town, the authorized official should determine whether the project is near a waste site(s) using the waste site information described in § 203-132 of this article and the process that follows.
A.
Waste disposal site evaluation form.
(1)
The Monroe County Environmental Management Council
and the Monroe County Department of Health have developed a waste
disposal site evaluation form (WDSEF), on file with the Monroe County
Environmental Management Council, to help applicants gather relevant
information when development projects involve a waste site. The form
also indicates the type of impacts that should be evaluated after
the information is obtained. In addition, these two agencies have
developed a property inspection form to aid in on-site investigations.
(2)
The Monroe County Department of Health has designated
two cases requiring evaluation of a waste site and completion of a
WDSEF:
(a)
Case 1: Development proposed on or within 300
feet from the boundary of a confirmed waste disposal site.
(b)
Case 2: Construction disturbance associated
with proposed development occurring between 300 and 2,000 feet from
the boundary of a confirmed waste site, under certain conditions as
follows:
[1]
The development will be utilizing a private
water well for drinking water or irrigation;
[2]
The site is listed in the Inactive Hazardous
Waste Disposal Sites in New York State prepared by the New York State
Departments of Environmental Conservation and Health or is otherwise
under investigation through the federal or state Superfund programs;
and/or
[3]
A public agency has identified concerns about
the proximity of the development to the waste site.
(3)
Construction disturbance as referred to in this section
is defined as construction of utility lines, a drinking water well
and/or excavations for basements or footers or significant cutting
(greater than two feet) to regrade a parcel.
(4)
The instructions for a WDSEF recommend that the applicant
contact MCEMC prior to completing the form. This will enable the developer
to review the project in relation to the waste site and obtain information
on the waste site. The extent of site investigation will depend on
the nature of the waste site, the amount of data already available
and the nature of the proposed development.
B.
Permit approval.
(1)
The applicant completes and submits the WDSEF, property
inspection form and site plans to the Town. The Town submits the information
to the MCDOH.
(2)
The MCDOH reviews the information and determines completeness.
The applicant and the Town will be provided a written statement of
deficiencies if the requested information is incomplete. Upon receipt
of a complete application, a review is initiated and a written response
is made to the applicant with copies to the Town and other involved
agencies. The correspondence will specify conditions for inclusion
in any SEQR determination of significance and/or project approval.
