This article shall be known as and may be cited as the "Waste
Disposal and Landfills Law of the Town of Pendleton."
A.
The Town of Pendleton finds that:
(1)
Solid waste management facilities, land application facilities, waste
storage facilities, anaerobic digestion facilities, incineration facilities,
recycling facilities, and sanitary landfills are by their very nature
potentially dangerous to both the Town citizenry and to their surrounding
natural environment.
(2)
The contamination of groundwater tables, nearby creeks and streams
and the pollution of the air are real threats which are posed by such
operations. Contamination of any water supply may be very expensive
or even impossible to remediate.
(3)
The Town's existing community character may be adversely and unalterably
impacted by the location and operation of such facilities within the
Town in close proximity to water supplies, residences, schools and
food processing facilities. Property values within the Town may decrease
with the expansion of such facilities.
(4)
Solid waste is a deleterious substance; that improperly maintained
solid waste management facilities emit obnoxious fumes and odors and
loud noises; that such facilities cast dust and particles upon neighboring
persons and properties; that such facilities attract rodents, scavengers,
birds, vermin and other beasts and become breeding places therefor.
(5)
Solid waste can produce harmful liquids which drain off, over and
into the soil; that certain solid wastes contribute to an increase
in mortality or an increase in serious, irreversible or incapacitating
illness; that solid wastes cause or significantly contribute to a
substantial present or potential hazard to human health or the environment
when improperly treated, stored, transported, disposed or otherwise
managed; that municipal sludge is a product of residential, commercial
and industrial users and contains pathogens, chemicals and other substances
from these users, some of which alone or in combination are dangerous;
that such substances may include PCBs, pesticides, solvents, flame
retardants, carcinogenic materials, asbestos, viruses, pharmaceuticals,
arsenic, cadmium, chromium, copper, lead, mercury, molybdenum, nickel,
zinc, selenium, tin, toxics, and a host of other deleterious substances;
that the quality of solid waste can vary greatly over time and location
depending upon the nature of sources and the compliance with disposal
regulations for these and other hazardous substances;
(6)
Currently there exists a difference of opinion among experts as to
whether it can be dangerous for humans to consume crops grown on land
used for the spreading of municipal sludge or to drink milk or consume
products of animals which graze on such land; that until more definitive
information is available there is a need for careful management of
valuable farm land.
(7)
The Town's manpower and financial resources are such that the Town
would have serious difficulty regulating and monitoring the disposal
of solid waste generated or originating outside of the Town while
striving to effectively regulate and monitor that which is generated
within the Town; that the inability of the Town to regulate and monitor
the disposal of solid waste coming into the Town from outside sources
could result in serious health problems for Town residents and environmental
damage to property within the Town.
(8)
Operation of discharge, disposal, land application and solid waste
storage facilities in the Town could unavoidably and adversely affect
the Town in a manner that imposes a heavy burden on its citizens which
greatly outweighs any slight advantage of having sludge and/or septage
waste disposal available and any economic benefit such private business
may incur. Moreover, the operation of these facilities is a subject
of legitimate public concern to the Town residents, making access
to as much accurate and current information about the scope and effect
of disposal and land application operations a necessity.
(9)
Current federal and state regulations of solid waste management facilities,
land application facilities, waste storage facilities, anaerobic digestion
facilities, incineration facilities, recycling facilities, and sanitary
landfills are insufficient to relieve the foregoing concerns.
(10)
Therefore, it is the duty and intent of the Town Board to protect
the inhabitants of the Town of Pendleton through an exercise of its
police powers by regulating the siting of solid waste disposal, incineration,
recycling operations, solid waste management facilities and sanitary
landfills and by requiring maximum utilization of safety and health
factors to ensure the continued well-being of the Town citizenry and
to ensure that the environment will not be adversely affected when
such facilities are situated within a zoning use district in the Town
of Pendleton, regardless of the district's designation under existing
zoning ordinances.
B.
It is the purpose of the town by this chapter to:
(1)
Regulate and restrict the operations of solid waste disposal, solid
waste management and land and storage application facilities within
the Town of Pendleton in order to promote a clean, wholesome and attractive
environment for the entire community.
(2)
Reduce the risk of pollution from solid waste disposal operations
by restricting the scope and size of such activities.
(3)
Ensure that accurate, current information about solid waste disposal
operations within the Town is available to public officials and citizens.
(4)
Protect the residents of the Town from undesirable effects of waste
disposal operations, including:
(5)
Exercise the Town's police powers under the Municipal Home Rule Law
and §§ 130 and 136 of the Town Law for the physical
and mental well-being and safety of its citizens and to regulate and
restrict land application facilities, waste facility siting, and waste
disposal operations pursuant to the specific authority of § 27-0711
of the Environmental Conservation Law which authorizes towns to impose
stricter controls on waste disposal operations than state law requires.
[Amended 6-13-2022 by L.L. No. 2-2022]
A.
Unless indicated herein or unless the context shall otherwise require,
the terms and words used in this article shall have the same meaning
as those defined in Article 27 of the Environmental Conservation Law
and regulations promulgated by the New York State Department of Environmental
Conservation.
B.
AGRICULTURE
ANAEROBIC DIGESTION FACILITY
BEDROCK
CODE ENFORCEMENT OFFICER
CONSTRUCTION AND DEMOLITION DEBRIS
CONSTRUCTION AND SITING PERMIT
DEC
DIGESTATE WASTE
DISPOSAL
DOMESTIC SEWAGE
FACILITY
GARBAGE
HAZARDOUS WASTE
INCINERATOR FACILITY
INDUSTRIAL WASTE
LAND APPLICATION FACILITY
LANDFILL
LEACHATE
NYCRR
OPERATING AND SITING PERMIT
OPERATOR
OWNER
PERSON
PROCESSING FACILITY
RESOURCE RECOVERY FACILITY
RUNOFF
SALVAGING
SANITARY LANDFILL
SEPTAGE
SLUDGE
SOLID WASTE
SOLID WASTE MANAGEMENT
SOLID WASTE MANAGEMENT FACILITY
STORAGE
SURFACE WATER
TOWN
TRANSFER STATION
TREATMENT
WASTE TO ENERGY FACILITY
The following terms and words shall be defined as follows:
The cultivation and production of crops for human consumption.
"Agriculture" shall include the use of land for the grazing of dairy
cows or other animals whose products are consumed by humans.
Any facility which accepts manure, food waste, fats, oils,
greases, sludges resulting from the treatment process at wastewater
treatment plants (bio solids), energy crops, glycerin, or silage waste
for the purpose of producing biogas and digestate waste.
Cemented or consolidated earth materials exposed on the earth's
surface or underlying unconsolidated earth materials.
As used in this chapter shall include the term "Code Enforcement Officer/Building Inspector," as that term is defined in Chapter 247, Zoning.
Wastes resulting from construction, remodeling, repair and
demolition of structures, road building and land clearing. Such wastes
include bricks, concrete and other masonry materials, soil, rock,
lumber, road spoils, paving materials and tree stumps.
The permit issued by the Town which allows for the construction
or modification of an anaerobic digestion facility, disposal of solid
waste facility, incineration facility, industrial waste disposal facility,
recycling facility, sanitary landfill facility, or solid waste management
facility within any zoning and/or use district within the Town of
Pendleton.
The New York State Department of Environmental Conservation.
Bio solid waste in liquid, semisolid or solid form and which
is a by-product of the anaerobic digestion process.
The deposit, discharge, distribution, dumping, injection,
leaking, placing, removal, spilling, spreading, storage, or transportation
of any digestate waste, solid waste and/or industrial wastes into
or on any land or water.
Any mixture of domestic sewage or other waste that passes
through a sewer system to a publicly owned treatment works for treatment,
including the contents of holding tanks and portable toilets. ("Domestic
sewage" means untreated sanitary waste that passes through a sewer
system.)
All contiguous land and structures or other improvements
used for a solid waste management facility. Each solid waste management
facility located on noncontiguous parcels of land shall constitute
a separate facility.
Putrescible solid waste, including animal and vegetable waste
resulting from the handling, storage, sale, preparation, cooking or
serving of foods; garbage originates primarily in home kitchens, stores,
markets, restaurants and other places where food is stored, prepared
or served.
A solid waste or combination of solid wastes which, because
of its quantity, concentration or physical, chemical or biological
characteristics, may cause or significantly contribute to an increase
in mortality or an increase in serious irreversible, or incapacitating
reversible, illness, or cause or significantly contribute to a substantial
present or potential hazard to human health or the environment when
otherwise managed. Such wastes shall include but not be limited to
wastes which are bioconcentrative, highly flammable, explosive, highly
reactive, toxic, poisonous, radioactive, irritating, sensitizing or
infectious, and shall include wastes that are solid, semisolid or
liquid or contain gases. The final determination of whether or not
a waste is hazardous shall be made by the Town.
A facility utilizing a controlled process by which solid,
liquid or gaseous combustible wastes are burned and changed into gases
and the residue produced contains little or no combustible materials.
Waste in liquid, semisolid or solid form that results from
industrial or commercial processes, including, but not limited to,
factories, processing plants and repair and cleaning establishments,
which wastes include, but are not limited to, sludges, oils, solvents,
spent chemicals and acids. This article shall apply to hazardous wastes
as defined in § 27-1101 of the Environmental Conservation
Law or 42 U.S.C. § 6903(5).
A facility used for the storage or disposal of digestate
waste from a solid waste management facility for agricultural use
of bio solids, septage, sludge, and other permitted land applied solid
wastes to the soil surface or injected into the upper layer of the
soil as defined under the Solid Waste Management Regulations Part
360-4.
Any disposal area for solid wastes in or upon the ground
surface. Includes solid waste management facilities.
A liquid, including any suspended components in the liquid,
which has been in contact with or passed through solid waste.
New York Codes, Rules and Regulations as they exist upon
the effective date of this chapter and as may thereafter be amended.
The permit issued by the Town which allows for the operation
of a anaerobic digestion facility, disposal of solid waste facility,
incineration facility, industrial waste disposal facility, landspreading
facility, recycling facility, sanitary landfill facility, or solid
waste management facility within any zoning and/or use district within
the Town of Pendleton.
The person responsible for the operation of a solid waste
management facility.
The person who owns all or any part of the real property
and/or improvements upon which a solid waste management facility is
operated.
Any individual, partnership, firm, association, business,
industry, enterprise, public or private corporation, political subdivision
of the state, government agency, municipality, estate, trust or any
other legal entity whatsoever.
A combination of structures, machinery or devices utilized
to reduce or alter the volume, chemical or physical characteristics
of solid waste through processes such as baling or shredding prior
to delivery of such waste to a resource recovery facility, sanitary
landfill or incinerator, and excludes collection vehicles.
A combination of structures, machinery or devices utilized
to separate, process, modify, convert, treat or prepare collected
solid waste so that component materials or substances or recoverable
resources may be used as a raw material or energy source.
Any rainwater, leachate or other liquid that drains over
land from any part of a facility.
The controlled removal of waste materials for reuse.
A land disposal site employing an engineered method disposing
of solid wastes on land in a manner that minimizes environmental hazards
and meets the design and operation requirements of 6 NYCRR Part 360.
The contents of a septic tank, cesspool or other individual
sewage treatment facility which receives domestic sewage wastes.
Any solid, semisolid or liquid waste generated or disposed
from commercial, industrial municipal, or private wastewater treatment
plant, water supply treatment plant, or air pollution control facility,
or sewage treatment plants.
All putrescible and nonputrescible materials or substances
discarded or rejected as being spent, useless, worthless or in excess
to the owners at the time of such discard or rejection, including,
but not limited to, garbage, refuse, industrial and commercial waste,
bio solid waste and digestate, sludges from sewer or water control
facilities, rubbish, ashes, contained gaseous material, incinerator
residue, demolition and construction debris, discarded automobiles,
but not including substances in gaseous form or hazardous wastes as
defined in 42 U.S.C. and the Environmental Conservation Law of the
State of New York.
The purposeful and systematic transportation, storage, processing,
recovery and disposal of solid waste.
Any facility employed beyond the initial solid waste collection
process, including, but not limited to, transfer stations, baling
facilities, anaerobic digestion facilities and associated land application
facilities, treatment facilities, rail haul or barge haul facilities,
processing facilities, including resource recovery equipment or other
facilities to reduce or alter the volume, chemical or physical characteristics
of solid waste, sanitary landfills, plants and facilities for composting,
compacting or pyrolization of solid wastes, incinerators, burial facilities,
industrial waste processing or waste disposal facilities, landspreading
facilities, storage areas associated with any of the foregoing and
storage lagoons for sanitary landfills. This article shall also apply
to hazardous wastes treatment, storage and disposal facilities as
defined in § 27-1101 of the Environmental Conservation Law
or 42 U.S.C. § 6903(5).
The containment of any solid waste, either on a temporary
basis or for a period of years, in such a manner as not to constitute
disposal of such waste.
Lakes, ponds, impounding reservoirs, springs, rivers, streams,
creeks, estuaries, marshes, and all other bodies of surface water,
natural or artificial, public or private.
The Town of Pendleton. Whenever this chapter refers to any
action which is to be taken or authorized by the Town, the provisions
shall be deemed to refer to the Town Board unless otherwise specified.
A combination of structures, machinery or devices at a place
or facility where solid waste is taken from collection vehicles and
placed in other transportation units for movement to another solid
waste management facility.
Any method, technique or process, including neutralization,
designed to change the physical, chemical or biological character
or composition of any solid waste to neutralize such waste, recover
energy or material resources from the waste, to render such waste
safer to transport, store or dispose of, or amenable for recovery,
storage or reduction in volume.
Includes any industrial waste or solid waste disposal operation,
recycling operation, sanitary landfill, and anaerobic digester facility.
All relevant sections of Article 27 of the New York State Environmental Conservation Law and Titles 6 and 7 of the New York Codes, Rules and Regulations, Part 360, as it is amended from time to time, are deemed to be included within and as part of this article, and any violation thereof shall be considered to constitute a violation of this article. Nothing contained herein shall be construed as changing, modifying or amending Chapter 247, Zoning, and all requirements shall be construed as being in addition thereto and by virtue of the power granted to the Town under the Town Law.
A.
No person shall operate or construct a solid waste management facility
without a siting permit issued by the Town Board pursuant to the provisions
of this article. Prior to any construction, modification or expansion
of any facility, a siting permit shall be required, following a public
hearing.
B.
No person shall construct, modify or expand an industrial waste disposal,
incineration, recycling facility, anaerobic digester, land application
facility or storage facility, sanitary landfill or solid waste management
facility without a permit issued by the Town Board to comply with
state and federal regulations presently, and as may be modified in
the future, pursuant to the provisions of this article. The term or
period of any such permit shall be determined by the Town Board utilizing
the criteria set forth in this article, but shall be no less than
one year and no more than a five-year period.
C.
No siting permit issued pursuant to the provisions of this article
shall be transferable to any other person, firm or corporation unless
the original permit clearly provides otherwise.
D.
No person shall operate a land application facility without a siting
permit issued by the Town Board pursuant to the provisions of this
article. Prior to any land application modification or expansion of
a facility, a siting permit shall be required, upon an application
as provided for herein and following a public hearing.
E.
Exemptions. The following solid waste management facilities are exempt
from this chapter:
(1)
Disposal areas for solid waste generated from a one— or two—family
residence or from a farm, when such wastes, other than hazardous wastes,
are generated at and disposed of within the property boundaries of
such residence or farm.
(2)
Transfer, storage incineration and processing facilities located
at apartment houses, schools, parks, industries, hospitals, commercial
establishments, individual residences and farms, provided such facilities
are used only for solid waste generated or originating at such locations.
(3)
Solid waste management facilities owned or operated by the Town,
Niagara County or under contract or agreement with the Town.
A.
Existing solid waste land and storage facilities.
(1)
The operator of any industrial waste disposal, land application facility,
solid waste management facility, anaerobic digester, recycling or
sanitary landfill facility which is operative in the Town pursuant
to all pertinent provisions of the Town Solid Waste Ordinance as of
the effective date of this article shall submit an application for
a siting and operating permit within three months after the effective
date of this article. A complete application for existing facilities
which is timely submitted shall be deemed an operation permit until
such application is acted upon. If a submitted application is deemed
incomplete by the Town Board, the subject applicant shall be notified
of such defect and shall be given an additional period of 30 days
to complete the application. Failure to do so within such thirty-day
extension period shall result in automatic denial of the application.
If the permit applicant's activity or business of an existing facility
presently complies with the requirements required to secure a permit
in the first instance, then the applicant shall be issued a permit
therefor if the applicant meets the other requirements contained herein.
If the applicant's activity or business does not presently comply
with the requirements a person must meet to secure a permit in the
first instance, the applicant may be granted a temporary permit for
one year, during which year the applicant must arrange the activity
or business so that it does then comply with the requirements a person
must meet to secure a permit in the first instance. If at the end
of such year such person has not so arranged his activity or business
to comply with the requirements in this chapter, then the applicant
shall forthwith cease and desist engaging in or conducting the same
and shall remove from such place any materials of the nature described
herein.
(2)
In addition to the application content requirements hereinafter enumerated,
all applications submitted under this subsection shall also include:
(a)
A detailed report describing the plan of operation and a contingency
plan setting forth in detail a proposal for corrective or remedial
action to be taken in the event of equipment breakdowns, ground- or
surface water or air contamination resulting from the facility's operation,
fires and/or spills.
(b)
A waste management plan and nutrient management plan as appropriate
detailing solids and waste material information, solids or bio solids
management practices, treatment alternatives, storage, waste application
including monitoring and reporting, and contingency plans.
(c)
A reasonable demonstration that the facility has satisfied all
applicable standards of operation as enumerated in the Environmental
Conservation Law of the State of New York and regulations thereunder,
by demonstrating specific means for meeting such standards, unless:
[1]
A reasonable schedule of specified remedial action, with interim
and final attainment dates, for achieving compliance with the dictates
of Part 360 of the New York Codes, Rules and Regulations is submitted
to the Town 'Board within 30 days of notification by the Town Board
that such a schedule is essential; and provided further that such
schedule is approved by the Town Board; or
(d)
If the person conducting such activity or business is not the
sole owner thereof, the applicant shall state such fact at the time
the applicant applies for the temporary license, and the Town Clerk
at the time of issuing such temporary license shall send the owners
or each of them a notice of the issuance of such temporary license
to such person, together with a copy of this chapter.
B.
Proposed solid waste land and storage facilities and modification
to existing facilities.
(1)
Any person who proposes to construct an industrial waste disposal, recycling, sanitary landfill, anaerobic digester, or solid waste management facility in any zoning district of the Town or who proposes to expand or modify any phase of any existing facility, land application facility or facility for the storage of digestate from anaerobic digester process shall submit a complete application for a siting and construction permit to the Town Board not less than 90 days in advance of the date on which it is proposed to commence any such siting or construction, modification or expansion. No such modification or construction shall take place without prior Town Board approval pursuant to the procedures set forth in § 213-9 herein. The following acts are deemed to be modifications which require permits:
(a)
Expansion of the facility operation by acquisition, by purchase,
lease or otherwise of additional land which was not the subject of
or included in any application submitted under this article.
(b)
Increase in the total quantity of industrial waste received
during any quarter at the facility by 50% or more over the total quantity
of waste received during the comparable quarter of the preceding year,
except where such increase is not in excess of the approved design
capacity of such facility for such time period or change in the type,
kind or quantity of industrial waste previously approved.
(c)
Movement of a waste disposal, recycling or landfill operation
to a portion of property already owned, leased or otherwise held by
the facility which was not the subject of any included in any application
submitted under this article.
(d)
Expansion of the facility operation by the installation of additional
processing equipment which increases the approved design capacity
of the facility or which changes the facility process or such expansion
or construction which modifies the height of an existing facility
or changes the outside dimensions of the facility.
(2)
In addition to the application content requirements hereinafter enumerated in § 213-9, all applications submitted under this subsection shall also include the following:
(a)
As applicable, a detailed engineering plan and specifications
reflecting the construction of the proposed facility.
(b)
A waste management plan detailing solids and waste material
information, solids or bio solids management practices, treatment
alternatives, storage, soil sampling and analysis, application quantities
and rates, monitoring and reporting, and contingency plans.
(c)
Nutrient management plan submitted to establish estimated waste
quantities and waste application rates based soil characteristics,
sludge characteristics, nutrient loading, and potential crop growth.
(d)
A contingency plan setting forth in detail a proposal for corrective
or remedial action to be taken in the event of equipment breakdowns,
ground- or surface water or air contamination attributable to the
facility's operation, fires, spills and releases of waste materials.
(e)
Compliance with all Town ordinances, Public Service Law, the
New York State Agriculture and Markets Law regulating agricultural
activity, and the Environmental Conservation Law of the State of New
York.
[Amended 6-13-2022 by L.L. No. 2-2022]
A.
All applications for a permit for the siting, construction and modification
or expansion of a facility shall include an application to the Town
Board upon a form prescribed by said Town Board.
B.
The applications shall be accompanied by any other data the Town
Board reasonably requires to determine the feasibility of issuance
or denial of a permit and such information as may be required by the
New York State Environmental Quality Review Act (SEQRA).[1]
[1]
Editor’s Note: See § 8-0101 et seq. of the Environmental
Conservation Law.
C.
All applications shall contain the following:
(1)
The full name of the person seeking a permit and whether that person
is an individual, corporation, partnership, joint venture, or other
legal entity; if the applicant is not an individual, the application
shall set forth the names of all parent corporations, shareholders,
partners, joint ventures, or other beneficial owners of the entity
seeking a permit, unless the applicant is a publicly held corporation,
and the names of all officers of an applicant that is a corporation,
and officers and shareholders of any parent corporations.
(2)
That the applicant is over 21 years of age.
(3)
Whether the applicant has ever been convicted of a felony or misdemeanor.
(4)
A description of the exact type of business the applicant intends
to conduct, including the nature of the materials to be handled.
(5)
Each application shall contain an emergency contact telephone number.
(6)
Engineering plans, reports and specifications prepared by a person
or firm registered to practice professional engineering in New York
State.
(7)
The location of all property boundaries certified by a person or
firm legally qualified to practice land surveying in New York State.
(8)
The applicant shall survey and record and include in his application
background sound-level data in the vicinity of the facility at the
time of application and a topographic map, hydrogeological report,
survey of area drainage and proposed location of monitoring wells
if required by the DEC.
(9)
A proposed detailed program for the closure of the facility to be
implemented when use of the facility or the useful life of the facility
permanently terminates. Such proposal shall set forth a restoration
plan which must satisfy the following minimum criteria:
(a)
No slope shall be left with a grade steeper than one foot of
a vertical rise to three feet of horizontal distance, and the normal
angle of repose should not be exceeded in any case;
(b)
All stumps, boulders and other debris resulting from the excavating
and appurtenant activities or related operations shall be disposed
of by approved methods, and, if disposed on site, such debris shall
be covered with a minimum of two feet of soil;
(c)
Topsoil shall be spread over the excavated area to a minimum
depth of six inches or as required by Part 360 of the New York Codes,
Rules and Regulations, whichever is greater;
(d)
The restoration area shall be planted with trees, shrubs, grass
or other vegetation so as to provide for screening, natural beauty
and soil stability. The planting shall follow acceptable conservation
and engineering practices;
(e)
Restoration shall be undertaken in such a way that natural and
storm drainage, where it enters and leaves the premises, shall be
altered only to the minimal degree necessary to carry out excavations
and appurtenant activities. Any alterations of natural and storm drainage
shall not adversely affect public roads or neighboring property owners;
(f)
Restoration shall be a continuous operation, subject to review
and approval at each inspection and at the termination of the permit
period. Topsoil grading and planting of the area designated for restoration
during the permit period shall have been completed before a permit
renewal is granted;
(g)
Within six months after termination and closure of the facility
operation, all equipment, buildings, structures and other unsightly
evidence of the operation and/or constructions shall have been removed
from the premises or disposed of by approved methods, and all restoration
shall have been completed;
(h)
An enumerated list of wastes to be received, treated or disposed
of, the quantities of such wastes to be received, their places of
origin, method of transportation to be utilized for their shipment
to the facility and the proposed method for their recycling or disposal
shall be provided. The applicant shall identify all highways to be
used for access to the facility;
(i)
A proposed program shall be provided for the monitoring of all
activities of the facility by personnel of the Town of Pendleton or
persons authorized by the Town of Pendleton whereby such monitoring
personnel or persons shall be allowed access to the facility at regular
stated times and also any other time deemed necessary by the Town
Inspector;
(j)
All methods and actions to be utilized are to satisfy the dictates
of all applicable standards of operations, as enumerated by 6 NYCRR
360 and herein. Results shall be submitted to the Town. The applicant
shall submit, with the application and any renewal application, a
copy of all correspondences between the landowner/applicant and applicable
federal, state or local regulatory agencies and a copy of all applicable
federal, state and local permits;
(k)
In the application, the applicant shall agree that if granted
the license applied for the applicant will conduct the activity or
business pursuant to the regulations hereinafter set forth and that
upon his failure to do so, such license may be revoked forthwith;
and
(l)
If the person conducting such activity or business is not the
sole owner thereof, the applicant shall state such fact at the time
the applicant applies for the temporary license, and the Town Clerk
at the time of issuing such temporary license shall send the owners
or each of them a notice of the issuance of such temporary license
to such person, together with a copy of this chapter.
(10)
In the case of an incineration facility, there shall be submitted,
where relevant and in addition to the above requirements, a detailed
plan of air pollution abatement and the following:
(a)
A description of the waste to be transported into the facility;
(b)
A description of the burning process, prevailing winds and their
effect on adjacent commercial and residential areas;
(c)
A detailed plan for vermin control;
(d)
A detailed plan or drawing of the physical facility, which plan
or drawing shall include the height of any structures and compliance
with Chapter 132, Fire Prevention and Building Code Administration;
(e)
A statement showing the proposed transportation route of any
vehicles transporting waste to the facility; and
(f)
A proposed plan for disposition and transportation or the burying
of any waste product produced by incineration.
(11)
In the case of a land application facility or solid waste storage
facility, there shall be submitted, where relevant and in addition
to the above requirements, a waste management plan and nutrient management
plan and reports as required in 6 NYCRR Subpart 360-4 detailing material
data on the solids and waste, solids or bio solids management practices,
treatment alternatives, storage, application, including monitoring
and reporting, and contingency plans.
(12)
All applications shall be accompanied by evidence of authority
to sign the application and shall be signed as follows:
(13)
Applications shall be sworn to by or on behalf of the applicant
in respect to all statements of fact therein or shall bear an executed
statement by or on behalf of the applicant, pursuant to the New York
State Penal Law § 210.45, to the effect that false statements
made therein are made under penalty of perjury.
(14)
Each permit application shall be accompanied by an application
fee, as described in the Town of Pendleton Fee Schedule, adopted by
the Town Board by resolution, as may be amended from time to time,
plus the applicant shall incur all costs for review thereof as provided
under the Environmental Quality Review Act (SEQRA) and regulations
promulgated thereunder.
(15)
In addition to the application fee provided above and the cost
of SEQRA compliance, the applicant shall acknowledge and be responsible
for the costs incurred in any testing of materials deposited in or
placed upon any facility, or any surface waters or groundwaters adjacent
to said facility. Such tests shall be conducted at laboratories or
facilities approved by the Town Board.
(16)
Each applicant shall demonstrate that the facility will not
have an adverse impact upon the environment of the Town of Pendleton,
Town-wide fire protection, Town-wide sewer, water and public utilities,
local traffic conditions, local land use and planning, and the Town
Board, Planning Board and Conservation Board shall approve an application
only after careful consideration of the above criteria and requirements.
A.
Scheduling of public hearing. Within 45 days of receiving a completed
application under this chapter the Town Board shall schedule a public
hearing. The Town Board may schedule additional public hearings if
it chooses.
B.
Consultations. The Town Board may in its discretion refer the application
to the Town Planning Board and/or the Town Conservation Board for
study upon receipt of said application, and they shall report to the
Town Board within 30 days of such referral.
(1)
In addition, The Town Board may in its discretion refer the application
to the county, regional or state agencies and to private engineers
and consultants for their review and comment, and may also require
additional tests or environmental studies, which shall be paid for
by the applicant, to assist the Town Board in evaluating the proposed
action. In conjunction with the consideration of any permit called
for under this article, the Town shall contemporaneously conduct any
proceeding required by Article 8 of the Environmental Conservation
Law.
(2)
When determining the feasibility of issuing Town siting and construction
permits for the placement of a proposed solid waste management facility,
sanitary landfill facility or the proposed modification of an existing
facility, the Town Board shall not issue said permit unless the submitted
engineering data and construction plans have been approved by the
Town Engineer, Code Enforcement Officer or the Town's consulting engineers
and after the Town Board and the applicant have complied with the
dictates of the Environmental Quality Review Act of the State of New
York (SEQRA).
C.
Advertisement of public hearing. The time and place of the public
hearing shall be advertised in the official paper of the Town at least
20 days prior to the date of the hearing. The Town Board may also
post the site of the proposed action and use other means to advertise
the public hearing.
D.
Decision. Within 60 days after the final public hearing or such longer
period as may be agreed upon, in writing, by said Town Board and applicant,
the Town Board shall render its decision: approval, approval with
modification and/or conditions, or disapproval. If an application
is disapproved, the Town Board shall notify the applicant of such
decision and state, in writing, its reasons therefor.
E.
Criteria for decision. The Town Board, in rendering its decision,
shall consider the following:
(1)
The overall impact of the proposed action on the community;
(2)
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers,
and traffic controls;
(3)
Adequacy, type, and arrangement of trees, shrubs, and other landscaping
constituting a visual and/or noise buffer between the applicant's
and adjoining lands, including the maximum retention of existing vegetation;
(4)
Protection of nearby surface waters and groundwaters from contamination;
(5)
Protection of residents and adjacent or neighboring properties against
noise, glare, odors, unsightliness, contamination or other objectionable
features; and
(6)
Adequacy of the proposed plan for emergency, corrective or remedial
actions.
(7)
Existing facilities. A siting and operating permit shall be issued
for an industrial waste disposal, recycling, incineration facility,
solid waste management facility or sanitary landfill facility in operation
as of the effective date of this article, only if it has been demonstrated
that said facility has complied with the standards of operation as
set forth in the Environmental Conservation Law and Part 360 of the
New York Codes, Rules and Regulations and this article and all Town
laws; otherwise, such permit shall be denied and the facility shall
thereafter accept no new waste but shall have 90 days to cease operations
and complete restorative measures.
(8)
Proposed facilities. An operation and siting permit shall be issued
for a proposed solid waste management facility only if the proposed
construction thereof is demonstrated to be in accordance with the
terms of a Department of Environmental Conservation issued construction
and operating permit and certification of the proposed construction
has been submitted in accordance with the dictates of the Environmental
Conservation Law and regulations promulgated thereunder and the criteria
set forth in this article.
A.
As a condition of the issuance of any permit, the Town may request
the following bonds or insurance issued by a bonding, surety or insurance
company acceptable to and in an amount sufficient to reimburse the
Town against any damages or expenses incurred by the Town in enforcing
this chapter or in remedying any violation thereof, including but
not limited to the following:
(1)
Performance bond to ensure proper performance of the work and siting
of the facility pursuant to the details of the application, the dictates
of this article and any other local or state law.
(2)
Restoration bond to ensure that all restoration work is completed
pursuant to the plan submitted with the application, the dictates
of this article and any other local law or ordinance.
(3)
Penalty bond to ensure that all fines and penalties levied and judgments
secured pursuant to this article are promptly tendered and satisfied.
B.
In determining the minimum amount of such bond and/or undertaking,
the Town shall determine the amount of such undertaking having due
record for the size of the facility and the amount of solid waste
being deposited, treated, stored or processed therein; but it shall
not be less than three times the total assessed value of the land
upon which the facility is located as shown on the current assessment
roll of the Town. Said undertaking shall be kept in full force and
effect at all times.
C.
Proof of liability insurance covering injuries to person and property.
The Town reserves the right to require that it be named insured on
any policy required hereunder.
D.
The terms and conditions of all such bonds shall be clearly set forth
in detail on the permit including the amounts of such bonds and insurance.
A.
The Town Board, upon written application from any person who is subject
to the dictates of this article, may, in its discretion, grant a variance
from one (1) or more specific provisions of this article, only if
said applicant:
(1)
Identifies the specific provisions from which a variance is sought;
(2)
Demonstrates that compliance would, on the basis of conditions unique
and peculiar to the applicant's particular situation, tend to impose
a substantial, financial, technological or safety burden on the applicant
or the public;
(3)
Demonstrates that the proposed activity which is the basis of the
requested variance will have no significant adverse impact on the
health, safety, welfare and natural resources of the Town of Pendleton
and will be consistent with the purpose of this article, the provisions
of the New York State Environmental Conservation Law and any rules
and regulations promulgated thereunder; and
(4)
Demonstrates that a prior application has been made to a public authority
or body which contains part or all of the information and data required
under this article; provided, however, that the applicant provides
the Town Board with the prior application and underlying documents,
in which case the Town Board may accept such data or information as
an application under this article. The Town Board shall request such
additional data as may be necessary to make a determination under
this article.
B.
In granting a variance, the Town Board may impose specific conditions
to ensure that the subject activity will have no adverse impact on
the health, safety, welfare and natural resources of the Town of Pendleton.
A.
Any permit holder who intends to continue construction or operations
beyond the period of time covered in such original permit must file
for reissuance of such permit at least 90 days prior to its expiration.
Filing for reissuance shall be made by the permit holder on forms
prescribed by resolution of the Town Board and available from the
Town Clerk, or if no such forms are prescribed, then on the same form
as was previously filed. The provisions of this article relative to
submittal and processing of initial applications shall apply to reissuance
applications under this section to the extent indicated by the Town
Board.
B.
Upon review of a request for reissuance, the Town Board shall determine
whether the application is in compliance with or has substantially
complied with all terms, conditions and requirements of the expiring
permit of this article.
C.
When the Town Board after a public hearing determines in the affirmative,
the permit may be reissued.
D.
When the Town Board determines in the negative or if other circumstances
exist which indicate noncompliance with any provisions of this article
or original permit, the Town Board shall take appropriate action to
secure compliance, including, but not limited to, a denial of reissuance.
A.
Upon a minimum of 16 days' notice and opportunity for a hearing,
any permit issued pursuant to this article may be modified, suspended
or revoked, in whole or part, during its term, for cause, including,
but not limited to, the following:
(1)
Violation of any part of this article or the terms of a permit issued
pursuant to this article.
(2)
The Town Board shall also consider any previous violations of this
article or the terms of the permit;
(3)
Obtaining a permit by misrepresentation or failure to fully disclose
all relevant facts; Materially false or inaccurate statements or information
in an application for a permit; or
(4)
The continuation of such permit would not be in the interest of the
health, safety and welfare of the residents of the Town of Pendleton.
B.
The Town Board may revise or modify a schedule of compliance of terms
in an issued permit if it determines good cause exists for such revision.
A.
Any person who violates any provision of this chapter or any permit
issued hereunder, including, but not limited to, a false statement
or exhibit submitted as part of an application to site and construct
or operate a facility, shall be guilty of a Class A misdemeanor and
shall be punished by such fine or imprisonment, or both, as shall
be provided by the New York State Penal Law. Each day of continued
violation shall be deemed a separate violation of this chapter.
B.
This chapter may be enforced by any police officer or by an officer
of the Town or by any employee of the Town if so authorized by resolution
of the Town Board. Any such enforcement official is authorized to
issue an appearance ticket, an information, a misdemeanor complaint
or any other appropriate accusatory instrument, in the manner provided
by the Criminal Procedure Law of the State of New York, or by any
pertinent ordinances or local laws of the Town, to the owner or operator
of the solid waste management facility as well as to any other person
who is violating the provisions of this chapter.
C.
Civil remedies. Nothing in this chapter shall be deemed to impair
or diminish any cause of action or remedy which the Town may have
under any other local law, under any statute, ordinance or regulation
or under the common law; provided, however, that in the case of a
conflict, those terms or rules of law shall control which are more
restrictive upon the solid waste management facility. In addition
thereto, the Town may enforce this chapter by court injunction.
D.
Liability for expenses. Any person adjudged in a criminal or civil
proceeding to have violated this chapter shall be liable to the Town
for all expenses incurred by the Town in connection with the proceeding,
including the reasonable attorneys' fees of the Town in connection
therewith.
The Town Board may, in its discretion, appoint a person with
suitable qualifications as the onsite agent for the Town of Pendleton.
Said agent shall have the following duties:
A.
To monitor the facility and determine whether an operator is complying
with all siting permits and zoning requirements and the requirements
of all Town laws and ordinances.
B.
To report to the Town Board at such times as the Board requires as
to the operation of the facility.
C.
To test all materials deposited in or placed upon any facility or
any surface waters or groundwaters adjacent to said facility.
A.
The permittee must personally manage or be responsible for the management
of the activity or business for which the permit is granted.
B.
The area of the permittee's activity or business shall not be used
as a place for the burning of wastes or trash.
C.
The Town Board, the Constable, members of the Niagara County Sheriff's
office, members of the New York State Police, the Code Enforcement
Officer, any governmental agencies with jurisdiction over the permitted
activity, and any person or persons appointed by the Town Board shall
be granted access to the area of activity or business of the permittee
at all reasonable hours to inspect the same and test for compliance
herewith.
D.
The permittee shall file with the Town Clerk, on the yearly renewal
date, documentation that the permittee's employees have been trained
to perform the permitted activities.
E.
The permittee shall file with the Town Clerk, on the annual renewal
date, a list of the employees authorized to perform the permitted
activities.
A.
Septage discharge, disposal, and land application; operational requirements.
The following requirements shall apply:
(1)
Septage destined for land application must not exceed the following
contaminant concentrations:
|
Average Monthly Concentration
| |||
|---|---|---|---|
|
Parameter
|
PPM, dry-weight basis
|
Maximum Concentration
| |
|
Mercury (Hg)
|
10
|
57
| |
|
Cadmium (Cd)*
|
21
|
85
| |
|
Nickel (Ni)
|
200
|
420
| |
|
Copper (Cu)
|
1,500
|
3,000
| |
|
Lead (Pb)
|
300
|
840
| |
|
Chromium (Cr)
|
1,000
|
1,000
| |
|
Zinc (Zn)
|
2,500
|
7,500
| |
|
Arsenic (As)
|
41
|
75
| |
|
Selenium (Se)
|
28
|
100
| |
|
Molybdenum(Mo)
|
54
|
75
| |
|
Note: If the monthly average cadmium concentration exceeds 5
ppm, dry-weight basis, the cadmium/zinc ratio must not exceed 0.015.
|
(a)
If a waste contains heavy metals or other pollutants at concentrations
greater than those set forth in this subsection, an operating facility
cannot continue to operate until the septage manager has implemented
an identification and abatement program and compliance has been achieved
to assure that the septage has continuously met the quality parameters
of this subsection for a period of at least six months.
(2)
All septage must be stabilized to reduce pathogens before land application by one of the following methods, or the site restrictions in Subsection A(4) must be implemented. Land application of septage that has been stabilized by chlorine oxidation is prohibited.
(a)
Aerobic digestion. This is conducted by agitating the septage
with air or oxygen to maintain aerobic conditions at residence times
ranging from 60 days at 15° C. to 40 days at 20°C., with a
volatile solids reduction of at least 38%.
(b)
Air drying. Liquid septage must be allowed to drain or dry on
underdrained sand beds, or paved or unpaved basins, in which the septage
must not exceed a depth of nine inches. The septage must remain in
the drying bed a minimum of three months. During at least two of the
three months, the ambient air temperatures must average, on a daily
basis, above 0° C.
(c)
Anaerobic digestion. The septage is digested in the absence
of air at residence times ranging from 60 days at 20° C. to 15
days at 35° C. to 55° C., with a volatile solids reduction
of at least 38%.
(d)
Lime stabilization. Sufficient lime must be added to the septage
to produce a pH of 12 throughout the septage after two hours of contact.
Such septage must be thoroughly mixed with the lime.
(e)
Composting. Using the within-vessel, aerated static pile or
windrow composting methods, the temperature of the waste is raised
to 40° C. or higher and remains at 40° C. or higher for five
consecutive days. For at least four consecutive hours during the five
days, the temperature in the compost pile must exceed 55° C.
(f)
Other methods. Other methods or operating conditions may be
acceptable if pathogens and vector attraction of the waste are reduced
to an extent equivalent to the reduction achieved by any of the above
methods and it is approved by the Town.
(3)
For land application of septage, one of the following vector attraction
reduction requirements must be met:
(a)
Injection. Septage shall be injected below the surface of the
land and no significant amount of the septage shall be present on
the land surface within one hour after the septage is injected;
(b)
Incorporation. Septage applied to the land surface shall be
incorporated into the soil surface plow laver within six hours after
application; or
(4)
For land application of septage that has not been stabilized to reduce pathogens by one of the methods referenced in Subsection A(2), the following site restrictions shall be implemented:
(a)
Food crops with harvested parts that touch the septage/soil
mixture and are totally above the land surface shall not be harvested
for 18 months after application of septage.
(b)
Food crops with harvested parts below the surface of the land
shall not be harvested for 20 months after application of septage
when the septage remains on the land surface for four months or longer
prior to incorporation into the soil.
(c)
Food crops with harvested parts below the surface of the land
shall not be harvested for 38 months after application of septage
when the septage remains on the land surface for less than four months
prior to incorporation into the soil.
(d)
Food crops, feed crops, and fiber crops shall not be harvested
for 30 days after application of septage.
(f)
Turf grown on land where septage is applied shall not be harvested
for one year after application of the septage when the harvested turf
is placed on either land with a high potential for public exposure
or a lawn, unless otherwise specified by the Town.
(5)
The land applier of septage must sign a certification statement stating
that: "The information that will be used to determine compliance with
this chapter has been prepared under my direction and supervision
in accordance with the system designed to ensure that qualified personnel
properly gather and evaluate this information. I am aware that there
are significant penalties for false certification, including the possibility
of fine and imprisonment." Written permission from the landowners
must be obtained for all lands where land application will occur.
A multiparty certificate indicating who will be responsible for each
applicable operation requirement must be complete and followed.
(6)
Annual septage testing is required.
(a)
Septage must be sampled and analyzed in accordance with the
following:
|
Parameters Group A
|
Septage Group B
| |
|---|---|---|
|
Total Kjeldahl nitrogen
|
Arsenic
| |
|
Ammonia
|
Cadium
| |
|
Nitrate
|
Chromium
| |
|
Total phosphorus
|
Copper
| |
|
Total potassium
|
Lead
| |
|
Ph
|
Mercury
| |
|
Total solids
|
Molybden
| |
|
Total volatile solids
|
Nickel
| |
|
Seleniu
| ||
|
Zinc
|
(b)
The minimum number of analyses required are as follows:
|
Septage Applied
(dry tons/year)
|
Number of Analyses Groups A&B
(per year)
| |
|---|---|---|
|
Greater than 1,000
|
12
| |
|
200 to 1,000
|
6
| |
|
Less than 200
|
1
|
(c)
Analyses for other pollutants may be required, on a case-specific
basis, based on information from the pretreatment program and other
sources, including scholarly articles.
(d)
All analyses must be performed by a laboratory certified by
the New York State Department of Health for that type of analysis,
using methods acceptable to the Department as outlined below, unless
use of an alternate laboratory or method is authorized by the New
York State Department of Environmental Conservation. Copies of the
original laboratory results must be included with the permit application.
(e)
The analysis requirement may be satisfied in part or in whole
by recent samples analyzed for and reported to the New York State
Department of Environmental Conservation, if approved by the Department.
(f)
All samples must be representative of the waste to be land applied.
(g)
After the wastes have been monitored for two years at the frequency
outlined in this subsection, the Town may reduce the annual number
of analyses required if the waste quality is consistently below the
quality standards.
(7)
The minimum horizontal distance (i.e., "buffer zones") from the perimeter
of the site to be used for land application of septage must meet or
exceed the following:
|
Item
|
Minimum Horizontal Separation Distance
(feet)
| |
|---|---|---|
|
Drainage swale
|
100
| |
|
Property line
|
200
| |
|
Surface water body
|
1,000
| |
|
Residence*
|
2,000
| |
|
School
|
2,000
| |
|
Food-processing business regulated by the NYS Department of
Agriculture
|
2,000
| |
|
Water well or supply
|
1,000
| |
|
Wetland
|
500
|
|
NOTE:
| |
|---|---|
|
*The landowner or operator's residence is excluded from this
separation distance requirement. In addition, this requirement does
not apply to lands where adjacent owners consent to the activity within
the separation distance.
|
(8)
During land application, the fields must be flagged or otherwise
marked so the buffer zones are apparent to the land applier. Such
flagging shall occur a minimum of 72 hours prior to application of
septage. Should anyone challenge such buffer zone marking, then a
deposit of $500 shall be paid by the challenger to the Town, and the
Code Enforcement Officer for the Town of Pendleton shall notify the
applicant that such application shall not occur until the applicant
has obtained a surveying of such buffer zone marking by a licensed
land surveyor. Should the buffer have been properly marked in the
first instance, then the challenger shall pay for the cost of such
survey. In the event that the challenger is successful, then the deposit
shall be returned to the challenger, and the applicant shall be responsible
for the costs of the survey.
(9)
Land application must not occur on land with a slope exceeding 15%.
Land-applying septage with a total solids content of less than 15%
is prohibited on land with a slope greater than 8%, unless applied
by subsurface injection along paths parallel to contours.
(10)
The hydraulic loading must not exceed 16,000 gallons per acre
in a twenty-four-hour period.
(11)
The annual cadmium application rate must not exceed 0.45 pound
per acre (1/2 kilogram per hectare), and the cumulative loading limit
of metals must not exceed the following:
|
Cumulative Loading Limit in Pounds per Acre
Agricultural Soils
| ||||
|---|---|---|---|---|
|
Metal
|
Group 3
|
Groups 4-10
|
Nonagricultural Lands
| |
|
Cadmium
|
3
|
4
|
10
| |
|
(Cd)
| ||||
|
Nickel (Ni)
|
30
|
45
|
150
| |
|
Copper (Cu)
|
75
|
112
|
250
| |
|
Zinc (Zn)
|
150
|
223
|
500
| |
|
Lead (Pb)
|
300
|
300
|
300
| |
|
Chromium (Cr)
|
300
|
446
|
*
| |
|
Arsenic (As)
|
36
| |||
|
Selenium (Se)
|
89
| |||
|
NOTE:
| |
|---|---|
|
* In addition to the above metals, total chromium (Cr) and mercury
(Hg) may be limited based upon their potential effect on groundwater
quality.
|
(12)
The heavy metal loading must not exceed 20% of the cumulative
metal loading limit in any one year.
(13)
In addition to all other requirements contained within this
chapter, a detailed soil analysis shall be provided annually for each
landspreading facility, including the types and classifications of
soil present, the PH levels of their plow layers, and the ambient
level of each of the following substances: mercury, cadmium, nickel,
copper, lead, chromium, zinc, arsenic, selenium, molybdenum manganese
and such other substances as the Town may require.
(14)
Land application and subsequent vegetation must be in accordance
with soil conservation practices that minimize runoff and soil loss
through erosion. Land application must be controlled to prevent contravention
of groundwater and surface water standards provided by the New York
State Department of Environmental Conservation. The available nitrogen
loading must not exceed the nitrogen needs of the crop grown.
(15)
Septage shall not be deposited in a manner that will allow the
material to drain or become washed into any body of water, stream,
or watercourse. Dikes, berms, or other pollution protection devices
or techniques must be used as required by the Town to prevent runoff
entering surface waters.
(16)
Land application facilities and practices in floodplains must
not result in washout of the solid wastes. Land application is prohibited
in floodplain areas designated as floodways as defined in the Environmental
Conservation Laws and regulations of the State of New York.
(17)
Land application is prohibited in areas where bedrock lies less
than two feet below the ground surface.
(18)
Soil pH must be adjusted to 6.5 standard units or higher prior
to periods of septage application.
(19)
Septage must not be applied on snow, frozen or saturated ground,
or during rainfall, except septage may be applied on snow or frozen
ground by direct injection below the land surface. Storage and/or
disposal facilities must be available for periods during the year
when waste cannot be applied.
(20)
Public access to the land application facility is prohibited
for at least 12 months after the last application of septage, and
must be controlled during that period by the use of fences and gates,
signs, or posted signs. Dairy cattle must not graze for at least 12
months after the last application, and other animals must not graze
for at least one month after the last application.
(21)
No crop for direct human consumption may be harvested on septage-amended
soil for at least 18 months after the last application.
(22)
Land application is permitted only when the beneficial value
of the septage as a supply of nutrients or as a soil conditioner can
be demonstrated.
(23)
Land application of septage must not occur in areas where the
seasonal high groundwater is within 24 inches of the ground surface.
Land application of septage must not occur in areas where an aquifer
or wellhead protection area is within 60 inches of the ground surface,
or over a primary aquifer.
(24)
Land application is allowed only on soil having a permeability
of 0.06 inch to 6.0 inches per hour and within one or more of the
following soil texture classes: sandy loam, sandy clay loam, loam,
silt loam, silt, sandy clay and clay loam.
(25)
An annual report must be submitted to the Town no later than
March 1 of each year and must include, as a minimum:
(a)
The location of the landspreading fields used;
(b)
The crops grown on each field;
(c)
The total quantity of septage applied, including land application
dates and quantity applied during each application on each field;
(d)
The loading rates (hydraulic, nutrient, and cumulative heavy
metal) for the sites used;
(e)
All analytical results required by this section, including copies
of all laboratory reports;
(f)
A description of any problems, complaints, etc. arising as a
result of the land application operation, the corrective actions taken;
and
B.
Septage and/or sludge storage facilities. Surface impoundments, lagoons, open tanks, or storage facilities, other than surface impoundments, used to hold sewage sludge, septage or other solid waste, constructed of concrete, steel, or other material shall not be permitted within the Town. Unless exempted pursuant to § 213-7E above.
All ordinances and local laws or parts thereof in conflict herewith are preempted by this article; provided, however, that the provisions of this article shall not be interpreted as violating any requirements or restrictions wherever it is possible to conform with the provisions of both this article and any other law or ordinance. This article shall be construed as being in addition to Chapter 247, Zoning, and the Environmental Conservation Law of the State of New York (ECL).
If any clause, sentence, paragraph, subdivision, section or
part of this chapter shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment is rendered.
This chapter shall become effective immediately upon its filing
with the New York Department of State.
