Town of Babylon, NY Transfer Stations, Scrap Metal Processing and Recycled Materials Management Facilities

A facility for the temporary purchasing, deposition, staging, handling, processing, loading or unloading of recyclable material(s), including scrap metal, food scraps and e-waste as defined in Chapter 133, and as described in § 213-280. Recyclable materials and/or e-waste arriving at the facility shall be for the sole purpose of subsequent transfer to another solid waste or recyclable materials management facility associated with the wholesale sale, reuse or disposal of the solid waste, e-waste and/or recyclable material.

[Amended 3-16-2022 by L.L. No. 3-2022]

SCRAP METAL PROCESSING FACILITY

A subcategory of "recycled materials management facility" limited to the purchase, processing by means other than by the operation of a shredder for the processing of appliances and/or ferrous metal, and the shipment of ferrous and/or nonferrous scrap, the end product of which is the production of raw materials for steel mills, foundries, smelters, refiners and similar users. A scrap metal processing facility shall only be located in the geographic areas delineated for a recycled materials management facilities within § 213-280 or on property zoned H-Industry. A scrap metal processing facility is subject to all of the standards and approvals required of a recycled materials management facility as provided in this article, except where otherwise specifically provided for.

SHREDDER

A stationary or nonstationary mechanical device that may be set upon a foundation which is used to process motor vehicles, appliances and/or scrap metal by the use of a mechanical process that pulverizes or grinds the material for the purpose of reducing the size of material fed into the machine.

TRANSFER STATION

A facility for the temporary deposition, staging, handling, processing, loading or unloading of solid waste or construction and demolition debris (C & D) as defined in Chapter 133. Solid waste arriving at the facility shall be for the sole purpose of subsequent transfer to another solid waste or recyclable materials management facility for further processing, treating, transfer or disposal.

§ 213-278 Legislative intent and purpose.

The Town Board of the Town of Babylon hereby has determined that:

(1)

The management of solid waste and recyclable materials is a fundamental municipal function of Town government having been codified pursuant to Chapter 133, Solid Waste Management, of the Code of the Town of Babylon. Chapter 133, Solid Waste Management, provides the Town of Babylon with the statutory authority to manage and supervise the transportation, disposition and collection of solid waste on a Town-wide basis with the purpose of protecting the safety, health and well-being of people and property within the Town of Babylon.

(2)

It is incumbent upon the municipality responsible for managing the collection of solid waste and recyclable materials to provide and/or permit the infrastructure necessary for the orderly and efficient collection and transportation of solid waste within said municipality. The establishment of transfer stations and recycled materials management (RMM) facilities is a necessary component of a municipality's solid waste infrastructure.

(3)

Transfer stations, scrap metal processing facilities and RMM facilities are highly intensive uses that have been associated with a multitude of environmental impacts and land use conflicts. Further, the type and volume of material passing through a transfer station, scrap metal processing facility or RMM facility directly correlates with the degree of impacts associated with the facility.

(4)

Impacts and land use conflicts associated with transfer stations, scrap metal processing facilities and RMM facilities can be managed by:

(a)

Determining appropriate geographic locations for siting transfer stations and recyclable materials management facilities and restricting the location of such facilities to these areas.

(b)

The establishment of operational, mitigative and performance standards governing the operation of transfer stations and RMM facilities.

(c)

Maintaining strict local oversight of transfer stations and RMM facilities operating within the Town of Babylon to ensure operational and performance standards are met, and potential impacts to abutting properties are being adequately mitigated.

The purpose of this article is to establish geographic requirements, restrictions, performance standards and regulatory controls to mitigate to the greatest extent possible known impacts associated with the operation of transfer stations, scrap metal processing facilities and RMM facilities within the Town of Babylon.

§ 213-279 Geographic restrictions; local approvals required.

Transfer stations, scrap metal processing facilities and RMM facilities shall only be sited and operated in the Town of Babylon pursuant to the following geographic restrictions:

(1)

A transfer station or RMM facility shall be located within the applicable area delineated on the most recent GIS map entitled "Permissible Locations within Babylon for Transfer Stations and Recycled Materials Management Facilities" dated May 4, 2016, on file at the Town Clerk's office; however, a scrap metal processing facility may also be located on land zoned H-Industry without reference to the GIS map.

(2)

A scrap metal processing facility may be located on any land zoned H-Industry or within the applicable area delineated on the most recent GIS map referenced in § 213-279A(1).

Transfer stations, scrap metal processing facilities and recyclable materials management facilities meeting the requirements of § 213-279A shall only be permitted to operate in the Town of Babylon with the following local approvals:

(1)

Site plan approval from the Town of Babylon Planning Board;

(2)

A special exception permit granted by the Town of Babylon Zoning Board of Appeals to the operator of the transfer station, scrap metal processing facility or recyclable materials management facility pursuant to the standards set forth in this chapter; and

(3)

A current Class 12 license for the facility issued by the Town of Babylon Sanitation Commission.

(a)

Facilities that meet the definition of a "motor vehicle dismantling business" and that also meet the definition of a "scrap metal processing facility" shall also obtain a Class 13 license for the facility to be issued by the Town of Babylon Sanitation Commission. The geographic restrictions upon a scrap metal processing facility that also accepts material meeting the definition of a Motor Vehicle Dismantling Business and possessing a Class 13 license shall be permitted within the Town pursuant to the Town of Babylon Zoning Code, as amended, and parcels zoned H-Industry.

§ 213-280 Permissible locations.

The GIS map, "Permissible Locations within Babylon for transfer stations and RMM facilities," delineates permissible areas to locate Transfer Stations or RMM facilities and is specified as follows:

(1)

Transfer Station Area 1:

(a)

Transfer stations and RMM facilities are permitted in Transfer Station Area 1 pursuant to § 213-279 and the applicable standards specified in § 213-281 of this chapter.

(2)

Recycled Materials Management Facility Area 2:

(a)

RMM facilities as defined in § 213-277 are permitted in RMM Facility Area 2 pursuant to meeting the restrictive criteria of § 213-279 and the applicable performance standards specified in § 213-281 of this chapter.

(b)

Transfer stations accepting MSW, C & D or grease are prohibited in RMM Facility Area 2.

(c)

RMM facilities that accept and/or handle material that meet the definition of a "motor vehicle dismantler" or a "motor vehicle dismantling business" are prohibited in RMM Facility Area 2.

(3)

Recycled Materials Management Facility Area 3:

(a)

RMM facilities as defined in § 213-277 are permitted in RMM Facility Area 3 pursuant to meeting the restrictive criteria of § 213-279 and the applicable performance standards specified in § 213-281 of this chapter.

(b)

Transfer stations accepting MSW, C & D or grease are prohibited in RMM Facility Area 3.

(c)

RMM facilities that accept and/or handle material that meet the definition of a "motor vehicle dismantling business" as an accessory use and require a Class 13 license are permitted within RMM Facility Area 3.

A scrap metal processing facility may also be located on land zoned H-Industry that is not within the areas described in § 213-280A.

§ 213-281 Standards for granting special exception permit.

Transfer stations and RMM facilities shall only be permitted in the areas of the Town as described in § 213-280.

The applicant shall provide proof to the Board of Appeals that the landowner has consented to the operation of a transfer station or RMM facility.

In applying for a special exception permit pursuant to this chapter, the applicant shall provide a copy of all federal, state and county permits, or application for permits if such permits are not yet issued.

The applicant shall have obtained site plan approval by the Town of Babylon Planning Board. The site plan shall indicate that all dumping, staging, loading, processing and/or handling of solid waste and/or recyclable materials, with the sole exception of scrap metal, occurs indoors within a building. The dumping, staging, loading, storage, processing and/or handling of solid waste, e-waste and/or recyclable materials, with the sole exception of scrap metal, outside of an enclosed building is prohibited.

A proposed transfer station or RMM facility shall have a minimum lot area of 40,000 square feet. The remainder of the dimensional standards of G, GA, GB or H Industrial Districts shall be complied with in accordance with the zoning district in which the facility is situated, subject to the following additional requirements:

(1)

For RMM facilities handling recyclable materials or e-waste, the side and rear yard buffer shall be a minimum ten-foot vegetated buffer.

(2)

Transfer stations handling C & D shall include a minimum fifteen-foot vegetated side and rear yard buffer.

(3)

Transfer stations handling MSW shall possess a minimum one-hundred-foot setback from each side of the transfer station building to the nearest property boundary line. This setback is limited in its application to the building accepting or storing MSW, and shall not be applicable to a separate detached office building situated on the site. A fifteen-foot vegetated side and rear yard buffer at the property boundary shall also be required. This vegetated buffer may be incorporated into the one-hundred-foot setback requirement.

Access to the facility and the on-site layout of the facility is adequate to accept the estimated traffic and avoid queuing of trucks in the public street.

The building is of adequate size whereby the entire operation is performed within the building, including dumping, sorting, storage, stacking, processing, bailing, packing or reloading of the material. No activity associated with the transfer station or RMM facility operation may occur outside of the building except for weighing of trucks at a scale house. This subsection shall not apply to a scrap metal processing facility.

Off-street parking is adequate and meets the number required pursuant to the appropriate sections of the Zoning Code.

The applicant shall meet all requirements of Chapter 189 of the Code of the Town of Babylon, Stormwater Management and Erosion and Sediment Control.

The lot area of the subject site is adequate to provide for the building, proposed throughput, ancillary equipment, on-site activity, on-site parking and buffers/setbacks as required pursuant to this chapter.

The facility will operate in compliance with its NYSDEC Part 360 permit and/or NYSDEC facility registration.

The applicant shall provide a copy of the SWPPP prepared for the facility's Multi-Sector General Permit, Sector N, Scrap Recycling and Waste Recycling Facilities, in order to address stormwater generated by the operation of the facility.

The transfer station or RMM facility operation will adhere to noise standards of Chapter 156 of the Code of the Town of Babylon. The Board of Appeals may request a noise study for the facility to ensure compliance with this standard.

The transfer station or RMM facility will not produce excessive noise, vibration, smoke, dust, or odors or result in a public nuisance.

The applicant shall provide a detailed description of the proposed transfer station or RMM facility, which shall include but not be limited to:

(1)

The location and transfer station/RMM facility area, as described in § 213-280, of the proposed facility.

(2)

The area and height of the building.

(3)

An approved site plan and building layout plan that includes but is not limited to the tipping floor, the sorting area, vehicle ingress/egress to the building, vehicle queuing on site, vehicle dumping and loading areas, and, when applicable, the location and description of odor and/or dust control equipment, scale house and offices.

(4)

A characterization of the material and/or waste to be handled at the proposed facility.

(5)

The proposed throughput in tons per day.

(6)

A characterization and quantification of residue, including waste or nonrecyclable material produced by the operation.

(7)

The maximum number of projected vehicle trips per hour.

(8)

An inventory and noise specifications of fixed machinery to be used at the proposed facility.

(9)

A copy of the NYSDEC facility operating permit or registration issued to the proposed facility, and/or the application submitted to the NYSDEC for said permit or registration.

Proposed MSW transfer stations shall include the following additional mitigation to control the impacts associated with these facilities.

(1)

The applicant shall submit an odor and vector control plan to the Zoning Board of Appeals. This plan shall include operational and physical components. The plan must include the required components as detailed in this section and any additional measures necessary to meet the objective of mitigating odors and vectors to the greatest extent practicable. The plan must also be flexible whereby new technologies that become available can be incorporated into the plan.

(2)

High-speed doors shall be installed on the building, whereby the building will remain closed at all times except for vehicle ingress and egress. The building and parcel must be of sufficient size whereby this requirement can be met.

(3)

Installation of an odor control system or use of an odor counteractant inside and outside of the building with the objective of preventing the migration of odors onto adjacent properties. Odor counteractant shall be concentrated at the tipping floor, at building entry/exit points, at the scale and at any other points deemed necessary. The system shall be expandable, and the Town of Babylon reserves the right to require an upgrade to any such odor control system.

Proposed C & D transfer stations shall include the following additional mitigation to control dust associated with these facilities.

(1)

The C & D transfer station shall be equipped with a dust suppression system whereby the C & D is kept moist during dry meteorological periods to minimize the production of dust during the processing and/or loading/unloading of C & D.

(a)

The dust control program must consider on-site and off-site impacts.

A public hearing before the Zoning Board of Appeals shall be held in association with the special exception permit application.

Proposed RMM facilities in Transfer Station Area 1 and RMM Area 3 or a scrap metal processing facility situated on land zoned H-Industry shall not accept any materials that meet the definition of a "motor vehicle dismantling business" as defined in § 213-435 of the Babylon Town Code unless the facility possesses both a Class 12 and Class 13 license from the Town of Babylon Sanitation Commission and the facility is compliant with all standards and conditions set forth in Article XXXVII, Motor Vehicle Dismantlers. RMM facilities within RMM Facility Area 2 are prohibited from accepting materials meeting the definition of a "motor vehicle dismantling business."

Transfer stations, scrap metal processing facilities and RMM facilities accepting appliances falling under Title VI, § 608, of the Clean Air Act of 1990,[1] shall comply with the refrigerant recycling requirements and regulations of 40 CFR Part 82, Subpart F, established pursuant to this legislation.

[1]

Editor's Note: See 42 U.S.C.A. § 7671g.

All buildings accepting any material associated with a transfer station or RMM facility as defined pursuant to this chapter shall possess fire sprinklers as per NFPA 13 and be approved by the Town of Babylon Fire Marshal's office.

The location of the proposed transfer station or RMM facility shall not affect any freshwater or tidal wetland as designated pursuant to Article 24 or 25 of the New York State Environmental Conservation Law or a critical environmental area (CEA).

§ 213-282 Conditions of special exception permit.

The processing, loading, unloading, or handling of the solid waste, C & D and/or recyclable materials associated with a transfer station or RMM facility shall only occur within an enclosed building. The outdoor storage, staging, processing, loading, unloading or handling of solid waste and/or recyclable material is prohibited with the exception of a facility meeting the definition of a "scrap metal processing facility."

The permittee at all times shall remain in compliance with all federal, state, county and local laws, ordinances, rules and regulations.

The Board of Appeals, at its sole discretion, may limit, restrict and/or require the following:

(1)

The term of the permit should be a minimum of five years.

(2)

The hours of operation.

(3)

Additional mitigation measures, performance standards or operational controls.

An applicant shall obtain and maintain a Class 12 license from the Town of Babylon Sanitation Commission to operate a transfer station or RMM facility.

(1)

A facility accepting material meeting the definition of a "motor vehicle dismantling business" within Transfer Station Area 1 or Recycled Materials Management Facility Area 3 shall also obtain and maintain a Class 13 license from the Town of Babylon Sanitation Commission. A motor vehicle dismantling business shall not be permitted within RMM Area 2.

§ 213-283 Nonconforming transfer stations or recycled materials management facilities.

Transfer stations or RMM facilities operating pursuant to a Town of Babylon Zoning Board of Appeals special exception permit prior to the effective date of this chapter amendment shall be categorized as a nonconforming transfer station or RMM facility. A nonconforming transfer station or RMM facility shall have been approved by the Town of Babylon Zoning Board of Appeals prior to the date of enactment of this article or a facility determined to be nonconforming by the Town of Babylon Nonconforming Board.

(1)

A nonconforming transfer station or RMM facility located outside of the current geographic restrictions as stated in §§ 213-279A and 213-281A of this article may continue to operate until expiration of the facility's special exception permit. Upon expiration of the special exception permit, the nonconforming Transfer Station or RMM Facility may apply for renewal of the special exception permit from the Board of Appeals. In reviewing the renewal request, all requirements, standards and sections within the most recent transfer station and RMM facility code, with the sole exception of the geographic restrictions as stated in §§ 213-279A and 213-281A and the setback requirement of § 213-281E(3) shall be applied by the Board of Appeals in consideration of the renewal of the special exception permit. The applicability of this geographic exception is limited to the specific tax parcel that was granted the special exception permit to operate a transfer station or RMM facility, and this exception may not be applied to a nonconforming transfer station or RMM facility seeking to expand the building or land area beyond the tax parcel associated with its prior Board of Appeals approval.

(2)

A nonconforming transfer station or RMM facility operating in compliance with the current geographic restrictions as stated in §§ 213-279A and 213-281A may continue to operate until expiration of the Board of Appeals special exception permit. Upon expiration of the special exception permit, the nonconforming transfer station or RMM facility may apply for renewal of the special exception permit from the Board of Appeals. In reviewing the renewal request, all requirements, standards and sections within the most recent Transfer Station and RMM Facility Code, with the sole exception of the setback requirement of § 213-281E(3), shall be applied by the Board of Appeals in consideration of the renewal of the special exception permit.

§ 213-284 Grandfathered transfer stations and RMM facilities.

A transfer station or RMM facility operating pursuant to a certificate of occupancy prior to March 12, 1996, or operating pursuant to a Town Board of the Town of Babylon special exception permit issued prior to March 12, 1996, shall be classified as a grandfathered transfer station or RMM facility.

A grandfathered transfer station or RMM facility shall be required to obtain a Class 12 license from the Town of Babylon Sanitation Commission pursuant to § 133-14 of the Town of Babylon Town Code. The grandfathered transfer station or RMM facility is exempt from the requirement of obtaining a special exception permit from the Town of Babylon Zoning Board of Appeals.

(1)

Grandfathered scrap metal processing facilities that accept material meeting the definition of a "motor vehicle dismantling business" shall also obtain a Class 13 license from the Town of Babylon Sanitation Commission pursuant to § 133-14 of the Town of Babylon Town Code and shall be subject to all standards and requirements established within the Zoning Code for a motor vehicle dismantling business.

(2)

A grandfathered transfer station or RMM facility is exempt from all other requirements of this chapter.

§ 213-285 Exemptions.

Facilities meeting the criteria for a transfer station or RMM facility, as defined in § 213-277, meeting the following criteria shall be exempt from the requirements of this chapter:

(1)

Facilities accepting beverage containers pursuant to the New York State Returnable Container Act, or "bottle bill" pursuant to Title 10 of Article 27 of the New York State Environmental Conservation Law.

(2)

A licensed motor vehicle dismantling facility whose operation does not include any activity that would meet the definition of a "transfer station" or "RMM facility" and is limited solely to materials meeting the definition of a "motor vehicle dismantling business."

(3)

A facility singularly engaged in the collection of garments, clothing, fabric, cloth, apparel and any similar materials possessing a current Class 4 license as defined in § 133-14D of the Code of the Town of Babylon.

(4)

Facilities accepting solid waste, with the exception of MSW, that has been presorted and containerized, meeting the following qualifiers:

(a)

Only sealed and leakproof containers less than or equal to 55 gallons in volume shall be accorded this exemption. Containers greater than 55 gallons shall not be accorded this exemption.

(b)

The acceptance and storage of containers of a size detailed in § 213-285A(4)(a) shall be an ancillary use to the facility.

(5)

Facilities limited to accepting precious metals in the form of jewelry, coins, silverware or similar household source, not inclusive of appliances, scrap metal or other disposable items, for the purpose of melting and selling the collected precious metals in bulk for reuse.

§ 213-285.1 Penalties for violations.

[Amended 4-27-2022 by L.L. No. 10-2022]

Any person, owner, lessee, occupant, or entity in charge who allows, permits or suffers the existence of a transfer station, recycled materials management facility or a scrap metal processing facility, as defined in § 213-277, without a license within the Town of Babylon shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not less than $5,000 and not more than $10,000 or imprisonment for a period not to exceed one year, or both.

In the sole discretion of the Town Attorney, any offense based on a violation of this article may be reduced to an "attempted offense" as established by the New York State Penal Law § 110.00.

Any person, entity or firm who shall attempt to violate any provision of this article shall be guilty of an offense, and, upon conviction thereof, a fine of not less than $2,500 nor more than $5,000 must be imposed and a term of imprisonment for a period not to exceed 15 days may be imposed, or both.

Any person found by the Bureau of Administrative Adjudication to have violated this article shall be subject to a monetary penalty of not less than $2,500 nor more than $10,000.