A. 
The purpose of the Waste Disposal Site Protection EPOD is to identify and evaluate any confirmed waste disposal sites located on a site or within 2,000 feet of a proposed development and regulate any activity in these areas by requiring review and permit approval prior to project commencement.
B. 
Waste disposal sites have the potential to pose a hazard to health and the environment. The regulations contained in this article are designed to promote a coordinated review by appropriate agencies and the Town, analyze known waste disposal sites prior to development within the affected areas and protect humans, animals, structures and the environment from exposure to potential contamination through direct or indirect contact.
The locations of confirmed waste disposal sites are shown on the Official Waste Site Inventory Maps for the Town, which include any locations of waste sites in adjacent municipalities that are located within 2,000 feet of the municipal boundary. Sites known to contain waste are based upon information obtained from the Monroe County Environmental Management Council (MCEMC), Monroe County Department of Public Health (MCDPH), NYSDEC, municipal files, aerial photos, knowledge of residents or through site investigation. Additional site investigations may be necessary to determine if these sites contain hazardous waste.
A. 
The MCDPH is involved in the review of realty subdivision, on-site sewage disposal installation, water main extensions and sanitary sewer extensions. The MCDPH also assists with inventorying and reviewing information on waste sites, developing municipal reports on waste sites, reviewing information and reports on hazardous waste sites and reviewing comments on proposed developments near waste sites. The MCDPH approval can be withheld until the waste site concerns have been adequately addressed.
B. 
Preliminary reviews of many developments, under the authority of New York State General Municipal Law §§ 239-l, 239-m and 239-n, are performed by the Monroe County Department of Planning and Economic Development Review Committee. Waste sites which may impact the proposed development are also identified during this review process, resulting in a recommendation to the developer and municipality that an evaluation of the impact of a waste site be conducted.
C. 
Impact assessment.
(1) 
Waste disposal sites have the potential to pose a hazard to human health and the environment. Therefore, consideration of a nearby waste site's potential effect upon future residents or users of a proposed development is within the purview of SEQRA regulations.
(2) 
Potential adverse effects from waste disposal sites can include the following:
(a) 
Direct human contact with waste materials when development occurs on or near a waste disposal site.
(b) 
Indirect human contact with waste materials, such as when utility service is extended through a waste site and contamination subsequently migrates along the water or other underground line.
(c) 
Contamination of drinking water from private wells as a result of contaminated groundwater.
(d) 
Exposure of other living organisms to contamination. Stormwater runoff from a new development discharged in the direction of a waste site could generate additional leachate and/or erode cover material, allowing leachate to escape, which may prove harmful to nearby plant and animal communities.
(e) 
Damage to nearby utility lines or building foundations due to the corrosive and reactive characteristics of certain wastes.
D. 
Proximity of a proposed development to a waste disposal site does not necessarily result in disapproval of the application. It may require special design features to mitigate potential problems as well as additional conditions of approval to provide for careful monitoring during construction.
When an applicant first contacts the Town, the CEO shall determine whether the project is near a waste site using the waste site information described above in this article and the process that follows:
A. 
Waste disposal site evaluation form.
(1) 
The MCEMC and the MCDPH have developed a waste disposal site evaluation form (WDSEF), on file with the MCEMC, to help applicants gather relevant information when development projects involve a waste site. The form also indicates the type of impacts that should be evaluated after the information is obtained. In addition, these two agencies have developed a property inspection form to aid in on-site investigations.
(2) 
The MCDPH has designated two cases requiring evaluation of a waste site and completion of a WDSEF:
(a) 
Case 1: development proposed on or within 300 feet from the boundary of a confirmed waste disposal site.
(b) 
Case 2: construction disturbance associated with proposed development occurring between 300 feet and 2,000 feet from the boundary of a confirmed waste disposal site, under certain conditions as follows:
[1] 
The development will be utilizing a private water well for drinking water or for irrigation;
[2] 
The site is listed in the Inactive Hazardous Waste Disposal Sites in New York State prepared by the NYSDEC and New York State Department of Health or is otherwise under investigation through the federal or state Superfund programs; and/or
[3] 
A public agency has identified concerns about the proximity of the development to the waste site.
(3) 
"Construction disturbance," as referred to in this section, is defined as construction of utility lines, a drinking water well and/or excavations for basements or footers or significant cutting (greater than two feet) to regrade a parcel.
(4) 
The instructions for a WDSEF recommend that the applicant contact MCEMC prior to completing the form. This will enable the developer to review the project in relation to the waste site and obtain information on the waste site. The extent of site investigation will depend on the nature of the waste site, the amount of data already available and the nature of the proposed development.
B. 
Permit approval.
(1) 
The applicant shall complete and submit the WDSEF property inspection form and site plans to the Town. The Town shall submit the information to the MCDPH.
(2) 
The MCDPH shall review the information and determine completeness. The applicant and the Town will be provided with a written statement of deficiencies if the requested information is incomplete. Upon receipt of a complete application, a review is initiated and a written response is made to the applicant, with copies to the Town and other involved agencies. The correspondence will specify conditions for inclusion in and SEQRA determination of significance and/or the EPOD development permit.