[HISTORY: Adopted by the Town Board of the Town of Busti 6-24-1991 by L.L. No.
2-1991 (Art. 10 of the 1989 Code). Amendments noted
where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 405.
This chapter, entitled "Construction and Demolition Debris Landfills," and known hereafter as Chapter 216 of the Town of Busti Code, is enacted in recognition of the fact that the creation and/or operation of construction and demolition debris landfills can constitute both a public and a private nuisance. Such landfills, if improperly sited or improperly operated, may cause significant harm to the air, water and soil quality not only of the environment immediately adjacent to the landfill site, but also throughout the Town. These landfills may alter or impair the aesthetic qualities of the Town and render other properties less valuable due to their physical proximity to the landfill. The intent of this chapter is to establish a legal procedure whereby such landfill activities may be properly licensed by the Town and that thereafter the landfill operations be regulated in such a fashion as to guarantee the health and welfare of the Town and its residents.
As used in this chapter, the following terms shall have the
meanings indicated:
Uncontaminated solid waste resulting from the construction,
remodeling, repair and demolition of structures and roads; and uncontaminated
solid waste consisting of vegetation resulting from land clearing
and grubbing, utility line maintenance and seasonal and storm-related
cleanup. Such waste includes, but is not limited to, bricks, concrete
and other masonry material, soil, rock, wood, wall covering, plaster,
drywall, plumbing fixtures, non-asbestos insulation, roofing shingles,
asphaltic pavement, glass, plastics that are not sealed in a manner
that conceals other wastes, electrical wiring and components containing
no hazardous liquids, and metals that are incidental to any of the
above. Solid waste that is not construction and demolition debris
(even if resulting from the construction, remodeling, repair and demolition
of structures and roads and land clearing) includes, but is not limited
to, asbestos waste, garbage, corrugated container board, electrical
fixtures containing hazardous liquids such as fluorescent light ballasts
or transformer, carpeting, furniture, appliances, tires, drums and
containers, and fuel tanks. Specifically excluded from the definition
of construction and demolition debris is solid waste (including what
otherwise would be construction debris) resulting from any processing
technique, other than that employed at a construction and demolition
processing facility, that renders individual waste components unrecognizable,
such as pulverizing or shredding.
A site at which construction and demolition debris are disposed
of, stored or interned.
Any individual person or persons, firm, partnership, corporation,
whether business, membership, religious, charitable or otherwise,
any association or other unit or entity owning, leasing or occupying
real property in the Town of Busti.
Any natural or artificial lake or pond which is tributary
to or serves as a source of potable water for the Town of Busti water
supply or for any individual within the Town of Busti.
Any spring, stream, marsh or channel of water of any kind
within the Town of Busti.
Any drainage area contributing water to the Town of Busti
water supply or to the private water supply of any individual or group
of individuals within the Town of Busti.
Any private or public water supply of potable water to any
person or group of persons within the Town of Busti.
This chapter hereby incorporates, by reference, as if fully
set forth herein, all of the current provisions of 6 NYCRR (New York
Code of Rules and Regulations) 360-7, as amended, and as may be amended
in the future. Said provisions thus incorporated herein shall control
any application or operation hereunder, except as this chapter may
set forth more restrictive provisions relating to the application
for any landfill operation or for its operation thereafter.
The Town of Busti hereby designates the Planning Board as the
lead agency in the preparation and/or consideration of any environmental
assessment form or any environmental assessment report to be prepared
as a consequence of any application made pursuant to this chapter.
No person shall operate, establish or maintain a construction
and demolition debris landfill in the Town of Busti until:
Application for the license of a construction and demolition
debris landfill shall be made in writing in the form required by 6
NYCRR 360-7, and as supplemented by this chapter, to the Town Board
of the Town of Busti and to the New York Department of Environmental
Conservation.
A.
Any application for construction and/or operation of the construction
and demolition debris landfill within the Town of Busti shall adhere
to all of the requirements of 6 NYCRR 360-7 relating to a landfill
proposal of five or more acres in area. Said requirements shall be
complied with by the applicant regardless of the size of the proposed
landfill site within the Town of Busti. Any application hereunder
shall therefore meet all of the requirements and provide all of the
relevant information as specified in the aforementioned 6 NYCRR Part
360-7 without regard to the proposed area of the site.
B.
All engineering and hydrologists' plans, tests or reports shall be
stamped and certified by an engineer or hydrologist licensed in the
State of New York.
C.
The hydrologist's report, as set forth at 6 NYCRR 360-7.6, shall
also include testing reports on all existing reservoirs, water supplies,
watercourses and watersheds within one lineal mile of the proposed
landfill site for the purpose of determining background water quality
of such water resources adjacent to the landfill site. The results
of these tests shall be incorporated as part of the application and
shall be made by the applicant or by the Town at the Town's direction.
D.
Should a license be granted and the Town Board thereafter decides
a need for additional water testing exists, the Town shall require
the applicant/licensee to conduct such further testing or the Town
may conduct such further testing itself to the extent the Town deems
necessary and appropriate.
E.
All testing and engineering expenses shall be paid by the applicant
or applicant/licensee. The applicant shall also pay expenses incurred
by the Town of Busti for engineers, hydrologists and any attorneys
engaged by the Town to review the engineering and testing of the applicant
or applicant/licensee.
After submission of the complete written application by the
applicant, a hearing on said application shall be held by the Town
Board not less than two weeks nor more than six weeks from the date
of receipt of the application. Notice of the hearing shall be given
to the applicant by mail, postage prepaid, to the address given in
the application and shall be published once in the official newspaper
of the Town not less than 10 days before the date of the hearing.
At the time and place set for the hearing, the Town Board of
the Town of Busti shall hear the applicant and all other persons wishing
to be heard on the application for a license to construct and operate
a construction and demolition debris landfill. In considering such
application, the Town Board shall take into account the following:
A.
The suitability of the applicant with reference to his ability to
comply with the requirements of the New York State Department of Environmental
Conservation permit and such other reasonable regulations concerning
the proposed construction and demolition debris landfills;
B.
The financial ability of the applicant to comply with environmental
regulations;
C.
The clean, wholesome and attractive environment which has been declared
to be of vital importance to the continued welfare of its residents
by considering whether or not the proposed location of the landfill
can be reasonably protected or shielded so as to prevent any unfavorable
affect on adjacent properties or on the Town in general;
D.
The type of road servicing the landfill or the roadway from which
the landfill may be seen;
E.
The natural or artificial barriers protecting the landfill from view;
F.
The proximity of the proposed landfill to established residential,
recreational or farm areas;
G.
The availability of highway access routes to the proposed site;
H.
The impact of any increase in traffic or traffic congestion caused
by the landfill operations;
I.
The availability of other suitable sites for landfills which may
exist within the Town or the adjacent areas outside of the Town;
J.
The potential for degradation to reservoirs, water supplies, watercourses
and watersheds;
K.
The impact of the landfill on future growth and development;
L.
The impact of the landfill on wildlife;
M.
The availability of alternate disposal methods and other such landfills;
and
N.
The general impact of the landfill on environment.
The Town Board shall, within 30 days of such hearing or continuance
thereof, make a finding as to whether or not the application shall
be granted, giving notice of its findings to the applicant by mail,
postage prepaid, to the address given on the application. If approved,
the license shall be forthwith issued to remain in effect until the
following January 1. Approval shall be personal to the applicant and
is not assignable. Licenses shall be renewed thereafter upon payment
of the annual license fees without hearing, provided all provisions
of this chapter are complied with as well as all provisions of any
permit issued by the New York State Department of Environmental Conservation
during the respective license or permit periods.
B.
The applicant shall also be obligated to pay for any testing in regard
to any environmental impact statement which may be required during
the application process, as well as any related charges of the application
process, whether required by the Department of Environmental Conservation
or the Town of Busti. The Town shall impose such charges or expenses
as may be allowed by law for its consideration of the application.
Such fees shall be paid in advance of charges being incurred by the
Town of Busti.
C.
Operating fee. The licensee, after granting of a license, shall pay
to the Town on April 15, July 15, September 15, and June 15, a license
fee of $10 per cubic yard of debris deposited at the landfill site.
A licensed certified public accountant shall certify that the amount
so paid is the true and correct amount required to be paid during
the prior quarter. The operator will make its books of operations
and receipts available to the Town for its inspection to confirm the
operator's proper payment of the license fee herein.[2]
A.
The licensee shall obtain and provide to the Town a performance bond
guaranteeing its lawful performance of all of the terms and conditions
of its permit with the New York State Department of Environmental
Conservation and its license with the Town of Busti in an amount of
$5,000,000.
B.
The licensee shall procure and maintain during the course of its
operations, including but not limited to its current operating periods,
but also during any periods of monitoring and closure which may be
provided for by its permit with the New York State Department of Environmental
Conservation or its license with the Town of Busti, liability insurance
in an amount not less than $5,000,000, general liability coverage.
The insurance procured herein shall include an environmental rider
guaranteeing site cleanup and coverage for environmental damages,
and the Town of Busti shall be named on the policy as a co-insured.
The insurance required herein shall continue in full force and effect
during the period of landfill closure that may be prescribed by the
applicable sections of the Environmental Conservation Law, the New
York Code of Rules and Regulations, U.S. EPA Rules or Regulations,
and/or the period of closure monitoring, testing and reporting required
by the Town of Busti.
Any person violating any of the provisions of this chapter shall
be punished, upon conviction, by a fine of not less than $500 nor
more than $1,000 for each violation. Each day that a violation of
or a failure to comply with any of the provisions of this chapter
or any regulation promulgated by the Department of Environmental Conservation
regarding its landfill permit or the Town Board of the Town of Busti
regarding its landfill license shall constitute a separate and distinct
violation.
Construction and demolition debris landfills may be constructed
only in that portion of the CAMP District as defined by the Town of
Busti Zoning Code.
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements adopted for the promotion
of the public health, safety and the general welfare of the Town of
Busti and its residents. Whenever the requirements of this chapter
are at variance with other requirements of any Town law or ordinance
or the requirements of any other lawfully adopted rules, regulations
or ordinances, the most restrictive or that imposing the higher standards
shall govern.
