[HISTORY: Adopted by the Board of Trustees of the Village
of Sleepy Hollow 5-4-1993 by L.L. No. 4-1993[1] (Ch. 17A of the 1965 Code). Amendments noted where applicable.]
[1]
Editor's Note: This local law also provided as follows:
"The obligations hereof shall apply to any industrial facility in
operation on the effective date and to the owner or operator of such
facility as of the effective date, regardless of whether such owner
or operator had entered into an agreement prior to the effective date
to transfer ownership or operational control of such facility to the
third party, provided that transfer of title or actual operational
control had not yet occurred."
A.Â
This chapter shall be called the "Environmental Protection and Abandoned
Industrial Property Reclamation Law."
B.Â
The purposes of this chapter are to protect the health, safety and
welfare of the residents of the Village of Sleepy Hollow, to prevent
the creation of nuisance conditions, hazards to public safety and
abandoned industrial neighborhood blight, to assure that large industrial
properties are evaluated for environmental degradation and that environmental
contamination is remediated prior to a significant change in use of
an industrial facility and to prevent erosion of the tax base of the
Village through the creation of large parcels of abandoned, environmentally
contaminated industrial property.
C.Â
The Village Board of the Village of Sleepy Hollow specifically finds
that termination and uncontrolled transfer of industrial properties
in other Westchester County communities, including but not limited
to Yonkers, Hastings-on-Hudson, New Rochelle, Irvington-on-Hudson,
Ardsley and Port Chester, have created conditions conducive to the
development of community blight and environmental degradation and
further specifically finds that without an adequate local law to control
the means by which large industrial operations in the Village are
transferred to nonindustrial owners or are terminated, the Village
of Sleepy Hollow will experience similar difficulties and impacts,
which will be magnified because of the unique publicly visual nature
of a significant portion of the industrial base of the Village.
As used in this chapter, the following terms shall have the
meanings indicated:
The Environmental Review Board of the Village of Sleepy Hollow
established pursuant to this chapter.
Crude oil and its fractions, including petroleum and all
liquid or semisolid petroleum derivatives, asbestos, any substance
defined as a hazardous substance under the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.C. § 9601
et seq., any substance identified or listed as a hazardous waste under
the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901
et seq., and polychlorinated biphenyls, pesticides subject to the
Federal Insecticide, Fungicide and Rodenticide Act, any substances
designated as toxic pollutants by Congress or the United States Environmental
Protection Agency pursuant to Section 307 of the Federal Water Pollution
Control Act and any substance designated a "hazardous substance,"
"extremely hazardous substance" or "toxic substance" under regulations
issued pursuant to Title III of the Superfund Amendments and Reauthorization
Act of 1986.
A facility engaged in operations which involve or during
its operational life ever involved the generation, use, manufacture,
refining, transportation, treatment, storage, handling or disposal
of hazardous substances or wastes which occupies more than 25,000
square feet of interior structural space in one or more structures
devoted to manufacturing and ancillary activities located on a single
parcel or contiguous parcels of land and which has a Standard Industrial
Classification (SIC) major group number within 22 to 39, inclusive,
46 to 49, inclusive, 51 or 76, as designated in and determined in
accordance with the procedures in the Standard Industrial Classification
Manual prepared by the Department of Commerce and/or the Office of
Management and Budget of the United States.
A person or organized business enterprise exercising financial
and management control over the operations of an industrial facility.
[Amended 3-29-1994 by L.L. No. 5-1994]
A person or entity holding fee title to an industrial facility
or possessing a leasehold interest in an industrial facility pursuant
to a lease having a term of more than 25 years. The term shall not
include a governmental entity holding title or indicia of title solely
incident to an industrial revenue bond financing arrangement or a
payment in lieu of taxes arrangement, nor shall it include an entity
holding indicia of ownership solely to protect a security interest
or a person holding indicia of title as owner-trustee or owner-participant
under a finance lease.
[Amended 3-29-1994 by L.L. No. 5-1994]
Cessation of active manufacturing at the industrial facility,
including reduction of the annual production output for a period of
one year to less than 10% of the average yearly production output
for the 10 years prior to such reduction.
The transfer of either title to or the owner's leasehold
interest in an industrial facility by sale, lease, assignment, gift
or other means or a controlling interest in a corporation, partnership,
joint venture or other entity, the principal asset of which is an
industrial facility, whether such transfer takes the form of a stock
sale, gift, assignment, corporate reorganization, merger, consolidation
or a combination or series of the foregoing.
[Amended 3-29-1994 by L.L. No. 5-1994]
[Amended 3-29-1994 by L.L. No. 5-1994]
A.Â
The obligations imposed by this section shall be joint and several
upon the owner and operator of an industrial facility.
B.Â
Unless exempt under § 251-5 hereof, prior to the earlier occurring of transfer of ownership or operation of an industrial facility or prior to termination of operation of an industrial facility, the owner and operator shall, not later than 90 days prior to such event, provide notice of such proposed transfer or termination and shall undertake the following activities:
(1)Â
Remove all hazardous substances stored in or on the facility or disposed
of in or on the facility and dispose of such substances at a location
other than the facility in accordance with applicable law.
(2)Â
Utilizing the services of competent professional consultants and
contractors, perform a thorough and complete investigation, satisfactory
to the Environmental Review Board, of the physical structures and
soil and groundwater of and beneath all real property which was at
any time utilized in connection with operations of the industrial
facility or is contiguous or adjacent to the industrial facility and
under ownership or control of the facility, on or beneath any public
or private highway or railroad right-of-way not under the ownership
or control of the owner or operator of the industrial facility and
lying on or adjacent to the industrial facility, provided that permission
for such activity is obtained from the owner or lessee thereof, and
on or beneath the bed of any body of water contiguous to the industrial
facility, provided that any necessary approval for such activity is
acquired, for the presence of hazardous substances above the normally
occurring background concentrations of such substances in undeveloped
property within the municipality.
(3)Â
In the event that any hazardous substances are detected in the soil
or groundwater of or beneath the facility at concentrations greater
than background, or in the physical structures at any concentration,
undertake further sampling and analysis, satisfactory to the Environmental
Review Board, to determine the extent of contamination by such substances
beyond the boundaries of such facility, provided that permission to
enter and take samples is obtained from the owner or lessee occupant
of any such property not owned or controlled by the owner and operator.
(4)Â
Following completion of its obligations under Subsection B(2) and B(3) of this section, the owner and operator (or transferee) shall submit the site assessment conducted thereunder to the Environmental Review Board. If the site assessment (or, in the event that the owner, operator or transferee fails to conduct such assessment in a manner reasonably satisfactory to the Environmental Review Board, such additional information as the Environmental Review Board shall have available to it) indicates that the condition of the structure or structures included in the facility or the presence of sufficient quantities or concentrations of hazardous substances in the soil or groundwater of the facility (or any adjacent or other properties contaminated by such substances as a result of operations or activities at the facility) or beneath or incorporated into any structure or structures at the facility is such as to render the soil, groundwater or such structure or structures, in whole or in part, dangerous, unsafe or a significant threat to health or the environment, the Environmental Review Board may, after affording the owner and operator (or transferee) a reasonable opportunity to be heard and to present objections, direct the owner and operator (or transferee) of such industrial facility to take all remedial actions necessary to remove such hazardous substances from affected portions of the facility or the premises so contaminated so that the levels of such substances remaining in the environment after remedial activity is complete do not exceed background levels. Such directive may also include the demolition, removal and proper disposal of any dangerous, unsafe or environmentally threatening structure (or part thereof) where, in the judgment of the Environmental Review Board, such action is necessary to adequately protect public health, safety and the environment.
(5)Â
If the owner or operator (or transferee) shall object to any directive issued by the Environmental Review Board pursuant to Subsection B(4) of this section, the objecting party may, by notice given within 15 days from the date of such directive, appeal such determination of the Environmental Review Board to the Village Trustees, which shall, after affording such party a further opportunity to be heard and to present objections to such directive, either affirm, modify or rescind such directive.
(6)Â
In the event that the owner or operator (or transferee) shall fail to take such actions as may be directed by the Environmental Review Board pursuant to Subsection B(4) of this section or, in the event of an appeal to the Village Trustees pursuant to Subsection B(5) of this section, by the Trustees, the Village may commence proceedings in a court of competent jurisdiction to compel the performance of the remediation, demolition, removal and disposal specified by the Environmental Review Board or the Trustees, as the case may be, or to collect the costs of such remediation, demolition, removal and disposal from the owner and operator (or, at the option of the Village, such transferee).
(7)Â
The Village has determined that, in the event of termination of operations, the continuing presence of unused and abandoned structures, even if not sufficiently contaminated or in such condition as to require their immediate demolition and removal pursuant to Subsection B(4), nevertheless poses a significant long-term threat to public health, safety and the environment. Accordingly, if five years after the date of termination of operations such structures remain on the facility, the owner (or transferee) shall, not later than 12 months thereafter, demolish all such structures on the facility site and remove all personal property and debris from the site, including all foundations, tanks and subsurface structures, regrade the site and eliminate all man-made hazards and structures.
C.Â
Following completion of each of the applicable requirements set forth in Subsection B hereof, the owner or operator (or transferee) shall certify to the Environmental Review Board that such requirement has been satisfied and provide a detailed written report to the Environmental Review Board setting forth in detail what was done in compliance with each subsection thereof. Each report required hereby shall be prepared by a competent, qualified consulting firm. The Environmental Review Board shall, following review of the submission and supporting material, either certify in writing that the owner or operator has satisfied the obligations of this chapter or inform the submitter, in writing, that the obligations of this chapter have not been satisfied, setting forth the deficiencies upon which the conclusion is based. A final certification or a final determination of noncompliance shall be considered final action for the purpose of judicial review. Certification by the Environmental Review Board shall not constitute an independent conclusion or warranty by the Village of Sleepy Hollow regarding the safety or environmental condition of the property subject to the certification, and each certification made by the Environmental Review Board shall include a disclaimer that the action was based upon information provided by the applicant.
D.Â
The duties imposed upon the owner or operator (or transferee) under this section shall be continuing until such time as the owner or operator has been notified, in writing, by the Environmental Review Board, following its review of the report received with respect to such obligation pursuant to Subsection C hereof and following such further inquiry or inspection made by the Environmental Review Board, at its sole discretion, that the obligations hereof have been carried out in accordance with the terms of Subsection B of this section.
A.Â
A fee in the amount set forth in Chapter 200, Fees, shall be paid to the Village of Sleepy Hollow by the owner or operator at the time the notice required in § 251-3 hereof is filed with the Environmental Review Board. Said sums shall be utilized by the Environmental Review Board solely for the purpose of retaining qualified technical and legal consultants to review materials submitted pursuant to § 251-3, to undertake independent evaluation of the conditions of the property and to provide advice to the Environmental Review Board with respect to the industrial facility and for other purposes related to the general administration of this chapter.
[Amended 1-22-2013 by L.L. No. 1-2013]
B.Â
The owner and operator (or transferee) shall at the same time also
provide to the Village of Sleepy Hollow a performance bond in an amount
sufficient, in the judgment of the Environmental Review Board, to
cover the estimated costs of site characterization and hazardous substance
removal and disposal.
[Amended 3-29-1994 by L.L. No. 5-1994]
[Amended 3-29-1994 by L.L. No. 5-1994]
A.Â
The obligations of §§ 251-3 and 251-4 hereof applicable to transfer of ownership or operations shall not apply to the transfer of an industrial facility by its owner or operator, prior to termination of operations, to another adequately capitalized manufacturing owner or operator, provided that the Environmental Review Board determines, upon certification by the chief executive officer of the transferor, assented to by the chief executive officer of the transferee, that:
(1)Â
The transferee intends to produce goods of the same general type
as those produced by the transferor, at a production output level,
following a reasonable retooling and start-up period, of at least
25% of the average annual output of the transferor during the 10 years
prior to the date of the proposed transfer.
(2)Â
The transferee has sufficient capitalization, assets and relevant
manufacturing experience to successfully operate the enterprise in
such manner and at such level of output.
B.Â
The following transactions, operations or facilities are not subject
to this chapter:
(1)Â
Any business entity engaged primarily in the production of agricultural
commodities.
(2)Â
A cessation of operations for less than two years where within three
months of the initial cessation of operations the owner or operator
certifies, under oath, to the Environmental Review Board that the
cessation of operations is intended to be temporary, setting forth
the reasons therefor, and commits to satisfy the obligations imposed
by this chapter in the event that operations do not terminate within
24 months of the date of first cessation.
(3)Â
Transfers made solely to confirm or correct any deficiencies in recorded
title.
(4)Â
Transfers made solely to release a contingent or reversionary interest.
(5)Â
Facilities engaged in the retail sale of goods with a SIC major group
number of 52 to 59.
(6)Â
Transfer of an individual establishment by devise or interstate succession.
(7)Â
Transfer of an industrial establishment where the transferor and
the transferee are members of the same family. As used in this subsection,
"family" means a person's siblings, spouse, children, grandchildren,
parents and grandparents.
(8)Â
Transfer of a beneficiary interest pursuant to the terms of a trust.
(9)Â
Operations engaged in the wholesale distribution of durable goods
with a SIC major group number of 50.
(10)Â
Granting or terminating an easement on or a license to any portion
of an industrial facility.
(11)Â
Construction loans obtained by the owner or operator of an industrial
facility.
(12)Â
Termination of a lease of an industrial establishment where
the lease is renewed by the same tenant without disruption in operations.
(13)Â
Repurchase of fee title by a lessee from the holder of title
acquired from the lessee in a lease finance or sale-leaseback transaction
where there is no disruption in operations.
(14)Â
The following subgroups or classes of operations within those
subgroups in the SIC major group numbers 22 to 39, inclusive, 46 to
49, inclusive, 51 or 76 (listed by SIC industry number): 4724, 4725,
4729, 4785, 4812, 4813, 4822, 4833, 4841, 4941, 4952, 4953, 4971,
5111, 5112, 5113, 5131, 5136, 5137, 5139, 5141, 5142, 5143, 5144,
5145, 5146, 5147, 5148, 5149, 5153, 5154, 5159, 5181, 5182, 5192,
5193, 5199, 7622 and 7631.
[Amended 3-29-1994 by L.L. No. 5-1994]
A.Â
The Village may seek civil injunctive relief in the Supreme Court
to compel the performance of any duty imposed hereunder.
B.Â
Any party who fails to comply with the provisions of this chapter
shall be liable for a penalty of not more than $5,000 for each offense.
If the violation is of a continuing nature, each day during which
the violation continues shall constitute an additional and separate
offense. The Village shall collect penalties in a special proceeding
in a court of competent jurisdiction.
A.Â
In the event that the owner and operator are unable to secure permission to enter and conduct sampling or remedial work on property owned by a third party after having exerted their best efforts to obtain such entry, including offering to pay reasonable consideration to the third-party landowner, the Environmental Review Board may, upon application for relief submitted by the owner and operator, waive the obligation imposed by Subsection B(2), (3) and (4) of § 251-3 with respect to such property.
B.Â
The Environmental Review Board may, upon a showing made by the owner and operator (or transferee) that the obligations of Subsection B(4) and (7) of § 251-3 are not economically feasible or are not technically feasible, within the time constraints set forth herein, grant an extension of time for compliance with such obligations, said extension not to exceed a reasonable period of amortization and in all events not longer than 10 years, upon such terms and conditions as are necessary in the interest of the Village and the public.
[Amended 3-29-1994 by L.L. No. 5-1994]
C.Â
Upon a showing made by the owner and operator, or by the owner or operator in conjunction with a prospective purchaser of the facility who does not qualify for an exemption under § 251-5 hereof, that some or all of the premises may be adapted for other uses that are consistent with Village of Sleepy Hollow land use and waterfront revitalization ordinances and land use plans, the Environmental Review Board may, upon written findings, waive the obligations of Subsection B(4) of § 251-3 hereof and may modify the obligations of Subsection B(1) through (4) thereof to the extent necessary to allow such adaptive reuse, upon such terms and conditions, which may include a bond or other evidence of financial responsibility, as are reasonable and necessary to assure that the purposes of this chapter are met.
[Amended 3-29-1994 by L.L. No. 5-1994]
[Amended 3-29-1994 by L.L. No. 5-1994]
The Environmental Review Board shall be composed of five residents
of the Village of Sleepy Hollow, one of whom shall be a member of
the Village of Sleepy Hollow Conservation Advisory Committee and one
of whom shall be a member of the Village of Sleepy Hollow Planning
Board. The members of the Environmental Review Board shall be appointed
by the Mayor with the approval of the Trustees for terms of five years,
except that two of the initial members of such Board shall serve for
terms of three years each, and the remaining three initial members
shall serve for terms of five years each. The Environmental Review
Board is authorized to adopt rules and procedures necessary for its
proceedings under this chapter.
In the event that any provision of this chapter conflicts with
any provision of any federal law or State of New York law which is
preemptive of local law, the conflicting provision of this chapter
shall not be effective with respect to any activity that is subject
to and being addressed under the federal or State of New York law.
[Added 8-20-1996 by L.L. No. 5-1996]
A.Â
Any person otherwise subject to the provisions of this chapter on
account of the permanent closure of an industrial facility scheduled
to occur during the calendar year 1996, and who, prior to September
1, 1996, has entered into a binding written agreement with the Village
of Sleepy Hollow which the Mayor and Trustees of the Village of Sleepy
Hollow determine is substantively equivalent to the requirements and
commitments mandated under this chapter, shall be conditionally exempt
from the procedural and substantive requirements hereof.
B.Â
For the purposes of Subsection A hereof, an agreement shall be considered to be substantially equivalent to the requirements and commitments mandated under this chapter if it:
(1)Â
Requires the owner, lessee or operator of the industrial facility
to perform a complete environmental site assessment of the industrial
facility in accordance with generally established standards and practices
followed by competent environmental site assessment professionals;
(2)Â
Requires the owner, lessee or operator to remediate (clean up) any
environmental contamination discovered at, under or emanating from
the industrial facility within a reasonable period of time and to
a level of cleanup that is consistent with applicable or relevant
and appropriate federal or state cleanup standards or remediation
trigger levels for specific compounds and applicable soil or groundwater
quality criteria; and
(3)Â
Requires the owner, lessee or operator to demolish the industrial
structures, fixtures and appurtenances on the site within a period
of time that is equal to or less than the longest time period within
which such activity would be required under the provisions of this
chapter.
C.Â
Nothing contained in this section or any agreement entered into pursuant
to this section shall constitute a waiver of or otherwise limit the
powers of the Village of Sleepy Hollow to take such other reasonable
actions as it shall believe necessary or appropriate to protect the
public health and welfare against any unremediated or continuing contamination
of an industrial facility subject to such an agreement, any failure
to demolish such an industrial facility within the time provided in
such agreement or any other condition resulting from the failure of
an owner, lessee or operator to comply with its obligations under
such agreement.
D.Â
This section shall take effect immediately.
