[HISTORY: Adopted by the City Council of the City of Lackawanna 3-15-2004
by L.L. No. 1-2004. Amendments noted where applicable.]
The purpose of this chapter is to protect the public health and welfare
through regulation of commercial composting facilities. Despite the need for
composting to reduce the reliance on landfills as proposed by the EPA/DEC,
the City of Lackawanna is looking to provide some regulation where little
or no regulations currently exist.
As used in this chapter, the following terms shall have the meanings
indicated:
The process of decomposition of organic matter in an environment
with oxygen present. The microorganisms responsible for the decomposition
consume oxygen and produce carbon dioxide. This type of composting is known
to produce little or no offensive odor.
The process of decomposition of organic matter in an environment
with little or no oxygen present. The microorganisms responsible for the decomposition
do not need oxygen. This method of composting decomposes compostables more
slowly than aerobic composting and is known to produce hydrogen sulfide and
ammonia-like compounds, which have offensive odors.
Brush, wood, or wood by-products, leaves, grass clippings, vegetative
pruning, and garden and yard waste.
The mixture of decomposable refuse at an outdoor, open-air facility
for the purpose of producing material for fertilization and conditioning of
soil or any reusable product.
A site where composting occurs as part of a private business or government
service.
A person responsible for the operation of a composting facility regulated
by this chapter.
The Code Enforcement Officer of the City of Lackawanna.
The Erie County Health Department.
Emission of substances detrimental to the health, well-being and
general safety of the community.
As of the effective date of this chapter, no composting facility as
defined and regulated herein shall be established in the City of Lackawanna
by any person or business entity, unless the composting facility conforms
to this chapter and other local, state, and federal regulations.
A.
Any composting facility operation shall be conducted
in accordance with the current standards by the United States Environmental
Protection Agency, the U.S. Department of Agriculture, the New York State
Department of Environmental Conservation, and other government regulatory
agencies.
B.
No compostables may be stored within 500 feet of any
boundary of the composting facility when the adjacent property is road right-of-way
or not zoned a Bethlehem Redevelopment Area (BRA).
C.
No compostables may be stored or maintained at a height
greater than five feet of ground level.
D.
The main service drive for vehicles bringing compostables
to composting facility must be accessible from a major highway legally permitted
for said vehicles with the service drive improved with an asphalt or concrete
surface having proper drainage.
E.
Composting facilities will only be permitted in the Bethlehem
Redevelopment Area (BRA) Zoning District as currently designated at the time
of adoption of this chapter. Future zoning of property currently now zoned
Bethlehem Redevelopment Zone will still exempt said land from composting facility
usage.
F.
No composting facility shall be permitted within 1,500
feet of an area zoned single-family residential or mixed residential.
G.
A composting facility must provide accessibility to all
points of the site with a surface capable of supporting heavy rescue equipment
and emergency vehicles. The operation must comply with all applicable local,
state, and federal fire and safety codes. Noncompliance will result in injunctive
proceeding being initiated.
H.
No anaerobic composting will be allowed.
I.
A functioning fire hydrant must be accessible within
500 feet of the site.
J.
A contact person shall be designated by the composting
facility operator and registered with the City. The contact information shall
include adequate information so that in the event of a problem, the City will
be able to easily contact a responsible party. This contact person will be
instructed to inform the City in the event that they become aware of any problems
with the site.
K.
The composting facility operator shall be required to
supply the Fire Inspector copies of the daily operational records required
to be maintained by the DEC Solid Waste Management Regulations subdivision
360-1.14(i) and 360-5.7(c-1). Said copies to be presented on a monthly basis
and submitted not later than five business days following the first day of
the month.
A.
Noise, odor, and vibration emanating from the composting
facility shall not exceed the following standards so as to create a nuisance
to the health, well-being, and general safety of the community. Noise when
measured from the property line shall not exceed 90 dba.
B.
The composting facility operator shall not permit noxious
odors to escape the boundaries of the composting facility and so as to interfere
with the enjoyment of adjacent properties. Corrective action shall be immediate
and shall result in injunctive proceedings precluding said composting activities.
A.
No composting facility shall operate within the boundaries
of the City of Lackawanna unless the owner has first registered with and/or
obtained a permit, as applicable, from the Department of Conservation and
the City of Lackawanna. Permit shall not be granted from the City of Lackawanna
until receipt of the following:
(1)
Security consisting of (a) cash or its equivalent or
(b) performance bond, either of which must be in an amount which is not less
than $250,000.
(2)
Proof that the composting facility operator has submitted
and received approval of a site plan and operational plan from the City of
Lackawanna Planning Board, the City of Lackawanna Council, and a Declaration
of Negative Environmental Impact finding by a full SEQR review.
B.
At least 90 days prior to the planned date of closure
of the facility the compost facility operator shall submit a site closure
plan which shall include detailed plans as to (1) the closure date of the
facility and (2) the plan for the removal of materials and cleaning of the
site.
C.
Upon termination and closure of the facility, the composting
facility operator may request, in writing, the release of the security held
upon verification that all aspects of the closure plan have been met.
Enforcement officials shall be permitted entry to the composting facility
for inspection purposes to determine compliance with this chapter and other
applicable regulations at any time.
Any person, corporation, partnership or any other legal entity who fails
to comply with any of the provisions of this chapter shall be subject to a
fine no less than $1,000 per day of violation. Every act or violation and
every day that a violation occurs shall be considered a separate violation.
This chapter shall be liberally construed in such a manner as to effectuate its purpose. The provisions of the chapter shall be construed, if possible, in such a manner as to make such provisions compatible and consistent with the provisions of all existing and future zoning and other local laws and ordinances of the City of Lackawanna and all amendments thereto; provided, however, that where any inconsistency or conflict cannot be avoided, then the most restrictive of such inconsistent or conflicting provisions shall control and prevail. Appeals applicable to Chapter 87, Article I, § 87-3D of the Lackawanna Municipal Code.
