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.
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.