Town of Pendleton, NY
Niagara County
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Table of Contents
Table of Contents
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:
(a) 
Unaesthetic results, including odors, excessive traffic, dust and noise.
(b) 
Deterioration in property values associated with adjacent or proximate waste disposal operations that may interfere with the orderly development of properties.
(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.
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. 
The following terms and words shall be defined as follows:
AGRICULTURE
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.
ANAEROBIC DIGESTION FACILITY
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.
BEDROCK
Cemented or consolidated earth materials exposed on the earth's surface or underlying unconsolidated earth materials.
CONSTRUCTION AND DEMOLITION DEBRIS
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.
CONSTRUCTION AND SITING PERMIT
The permit issued by the Town which allows for the construction or modification of a 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.
DEC
The New York State Department of Environmental Conservation.
DIGESTATE WASTE
Bio solid waste in liquid, semisolid or solid form and which is a by-product of the anaerobic digestion process.
DISPOSAL
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.
DOMESTIC SEWAGE
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);
FACILITY
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.
GARBAGE
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.
HAZARDOUS WASTE
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.
INCINERATOR FACILITY
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.
INDUSTRIAL WASTE
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).
LAND APPLICATION FACILITY
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.
LANDFILL
Any disposal area for solid wastes in or upon the ground surface. Includes solid waste management facilities.
LEACHATE
A liquid, including any suspended components in the liquid, which has been in contact with or passed through solid waste.
NYCRR
New York Codes, Rules and Regulations as they exist upon the effective date of this chapter and as may thereafter be amended.
OPERATING AND SITING PERMIT
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.
OPERATOR
The person responsible for the operation of a solid waste management facility.
OWNER
The person who owns all or any part of the real property and/or improvements upon which a solid waste management facility is operated.
PERSON
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.
PROCESSING FACILITY
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.
RESOURCE RECOVERY FACILITY
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.
RUNOFF
Any rainwater, leachate or other liquid that drains over land from any part of a facility.
SALVAGING
The controlled removal of waste materials for reuse.
SANITARY LANDFILL
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.
SEPTAGE
The contents of a septic tank, cesspool or other individual sewage treatment facility which receives domestic sewage wastes.
SLUDGE
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.
SOLID WASTE
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.
SOLID WASTE MANAGEMENT
The purposeful and systematic transportation, storage, processing, recovery and disposal of solid waste.
SOLID WASTE MANAGEMENT FACILITY
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).
STORAGE
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.
SURFACE WATER
Lakes, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, and all other bodies of surface water, natural or artificial, public or private.
TOWN
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.
TRANSFER STATION
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.
TREATMENT
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.
WASTE TO ENERGY FACILITY
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
[2] 
A variance has been granted pursuant to § 213-12 of this article.
(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.
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).
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:
(a) 
Corporation: by a duly authorized principal executive officer of at least the level of Vice President, accompanied by a certified copy of the authorizing corporate resolution;
(b) 
Partnership: by a general partner; or
(c) 
Sole proprietorship: by the proprietor.
(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 of $1,000 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 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
(c) 
Lime stabilization. The pH of septage shall be adjusted to meet the requirements of Subsection A(2)(d) of this section.
(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.
(e) 
Animal grazing requirements of Subsection A(20).
(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.
(g) 
Public access requirements of Subsection A(20).
(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
(26) 
The Town and all property owners contiguous to the land application site must be notified in writing at least 72 hours prior to the first land application of each year. All buffer zone markings, described in Subsection A(8) above, shall have been put in place prior to such notification.
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.