A Local Law Regulating the Disposal of Coal-Fired Electric Power Generation Waste, and Incineration Residue Within the Town of Colesville
Be it enacted by the Town Board of the Town of Colesville as Follows:
Section 1. Purpose
The Town Board of the Town of Colesville hereby finds and determines that the disposal of waste, incineration residue and coal pile drainage sludge as hereinafter defined within the Town of Colesville or any part thereof poses a potential threat to the health and safety of the residents of the Town of Colesville and to animals within the Town of Colesville, and that their potential for contamination of adjacent property and water supplies constitutes a potential health and safety hazard to the Town of Colesville and its residents as well as to food chain crops and animals within the Town of Colesville, food chain crops, and animals within the Town of Colesville by regulating the disposal of such waste, incineration residue and coal pile drainage sludge within the Town of Colesville.
Section 2. Definitions
For the purposes of this local law, the following terms shall have the meanings set forth hereinafter:
•a. "Ash" means residue from a fire of the burning of fuel
b. "Bottom ash" means ash from the bottom of a commercial, industrial or municipal furnace, boiler or incinerator.
c. "Coal pile drainage sludge" means the aqueous leachate or run-off from a coal pile having a solids content of greater than 10% by weight including but not limited to dried coal pile drainage sludge which has a solids content of 80% to 100% by weight.
d. "Dispose of" means to deposit, dump, store, inject or place any waste or incineration residue (as hereinafter defined) into or on any land within the Town of Colesville or any part of the Town of Colesville so that such material or any related constituent thereof may enter the environment or be emitted into the air or discharged into the air or discharged into any waters of the state including groundwaters thereof.
e. "Fly ash" means ash from the flue of a furnace, boiler or incinerator.
f. "Incineration residue" means the bottom ash and/or fly ash from a commercial, industrial or municipal incinerator.
g. "Person' means any individual, public or private corporation, business, corporation, political subdivision, government, municipality, industry, partnership, co-partnership, association, firm, trust, estate, or any other legal entity.
h. "Pyrites" mean metallic sulfides, i.e. compounds of sulfur with metals of Groups II to VIII of the chemical periodic table.
i. "Slag" means unburned inorganic solids formed at high temperature.
j. "Storage" means the containment or holding of waste, either on a temporary basis or for a period of years in such a manner as not to constitute disposal of such waste at the end of said period.
k. "Waste" means any coal-fired electric power generation waste including fly ash, bottom ash, pyrites, and slag as hereinbefore defined.
Section 3. Prohibitions.
No person shall dispose of, or cause to be disposed of, any waste, incineration residue or coal pile drainage sludge within the Town of Colesville or within any part of the Town of Colesville, except:
•b. At a solid waste management facility duly authorized, approved and licensed by the New York State Department of Environmental Conservation;
•c. At a distance of at least 1500 feet from any stream, creek, river, lake or pond within the Town of Colesville, or of any pre-existing well or water supply source within the Town of Colesville;
•d. After review and approval of the site plan for said disposal site by the Town Board of the Town of Colesville as hereinafter provided;
•e. After any required review and approval pursuant to the provisions of the New York State Environmental Quality Review Act; and
•f. Issuance of a special permit by the Town Board of the Town of Colesville as hereinafter provided.
Section 4. Pre-existing Uses.
Nothing herein shall be deemed to prevent the disposal of waste, incineration residue or coal pile drainage sludge on a site within the Town of Colesville for which the New York State Department of Environmental Conservation has, as of the effective date of this local law, previously issued a valid permit for the disposal of said waste, incineration residue or coal pile drainage sludge. However:
•a. Such disposal must have been in operation in compliance with such permit as of the effective date of this local law;
•b. Such disposal must hereafter be carried out in strict compliance with all the terms, conditions and provisions of such permit and with all applicable United States of America, State of New York, Broome County and Town of Colesville statutes, ordinances, local laws, codes, rules and regulations;
•c. The site at which such disposal is taking place shall not be enlarged or changed; and
•d. Such disposal shall immediately and permanently cease and terminate in the event that such permit is assigned, transferred, conveyed, revoked, cancelled, annulled or not renewed.
Section 5. Site Plan Review.
A permit shall be issued pursuant to Section 6 of this Local Law only incompliance with a site plan for such se duly approved by the Town Board of the Town of Colesville in accordance with the following procedures.
Prior to issuance of such permit, a site plan at a scale of 1" = 50' or a scale less to the inch, including the following information shall be submitted to the Town Board for approval; inch, including the following information shall be submitted to the Town Board for approval;
•a. The description of the site including:
•1. preliminary engineering plans with elevations showing the use, locations and dimensions of proposed building and land areas, driveways, driveway and intersections with street parking areas, maneuvering areas, utilities and utility easements, and signs;
•2. a storm drainage and grading plan regarding proposed handling of surface water runoff and erosion control; and
•b. Address and precise site boundaries as shown on a survey to be prepared by a licensed surveyor or engineer;
•c. Time period of use for disposal of specified waste, incineration residue or coal pile drainage sludge;
•d.Name of the owner and operator during the time period of use for disposal of waste and incineration residue and whether said persons have ever been convicted of a felony or misdemeanor;
•e. Names of persons responsible for the generation and transportation of waste, incineration residue or coal pile drainage sludge to be disposed of;
•f. Type and quantity of waste, incineration residue or coal pile drainage sludge to be disposed of;
•g. Manner of disposal of waste, incineration residue or coal pile drainage sludge;
•h. Nature of soils at the site;
•i. Depth of water table at the site;
•j. Location, nature and size of all surface waters at and near the site;
•k.Direction of present and historic groundwater flows at the site;
•l. Location, nature and size of all surface waters at and near the site;
•m. Levels of contaminants, if any , in groundwater, surface water, air and soils at and near the site resulting from wastes, incineration residue or coal pile drainage sludge previously disposed of at the site or from any other cause and areas known to be directly affected or contaminated by wastes from the site;
•n. As determined by the State of New York Department of Health and Broome County Department of Health or a State certified laboratory, latest analyses of all drinking water drawn from or distributed through the area in which the site is located when the said department of health determines that water quality may have been affected by the site in question and any known change in the quality of such drinking water over time;
•o.Proximity of the site to private residences, public buildings or property, school facilities, places of work or other areas where individuals may be present; and
•p.Any place of temporary storage used or to be used by the applicant and the place or places where and the matter in which the applicant will finally dispose of the wastes, incineration residue or coal pile drainage sludge; and
q. Such other information as the Town Board deems necessary.
Section 6. Hearing and Decision
The Town Board shall fix a time within forty-five days from the day an application for site plan approval is made for a hearing relating to such application. The Town Board shall give public notice thereof y the publication in the official newspaper of suchhearing at least five days prior to the date thereof and shall decide the same within forty-five days after such hearing; provided, however, the time within which the Town Board must render its decision may be extended by mutual consent of the application and the Town Board. The decision of the Town Board shall immediately be filed in the office of the town clerk and a copy thereof mailed to the applicant.
Section 7. Permit
•a. Except as otherwise exempted by this Local Law, no person shall engage in the disposal of waste, incineration residue or coal pile drainage sludge within the Town of Colesville without a permit pursuant to this section.
•b. The Town Board shall review said site plan and additional information and shall approve, approve with modifications or disapprove said site plan with regard to achieving without limitations there to the following objectives:
•1. A harmonious relationship between such uses and uses located in adjacent districts as reflected in the Comprehensive Plan.
•2. The maximum safety of vehicular access and egress from the site to existing and prospective streets and highways.
•3. The maximum adequacy of interior circulation and parking facilities with particular attention to vehicular and pedestrian safety.
•4. The adequacy of transitional landscaping and setbacks in regards to achieving maximum compatibility and protection to adjacent property.
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•c. Such permit will be issued only if:
•1. the proposed facility will be in full compliance with the applicable laws, rules and regulations of the State of New York in effect on the date of submission of the permit application;
•2. there has been opportunity for public review and comment as provided in section 6 of this Local Law;
•3. in the case of a permit application for which an environmental impact statement pursuant to article 8 of the Environmental Conservation Law of the State of New York and applicable local laws of the Town of Colesville must be prepared, that such statement shall include a description and evaluation of the nature of the probably environmental impact, including specification of the predictable adverse effects on the natural environment and ecology, public health and safety, scenic, historic, cultural and recreational value, water and air quality, wildlife and an evaluation of measures to mitigate adverse effects; and
•4. receipt of a permit pursuant to this section shall not relieve any person of the responsibility of constructing such facility in full compliance with any applicable laws, rules or regulations or of operating the facility in full compliance with all applicable laws, rules and regulations.
•d. The Town Board may impose such permit conditions as it deems necessary to protect the environment of the proposed site and the health and safety of the Town of Colesville
•e. The Town may deny the application where:
•1. the activities contemplated by the applicant are detrimental to the affected properties, landowners, residents in affected area, wildlife and the general ecology of the proposed site area studied; and
•2. the results of site studies indicate that the proposed use may be detrimental to, or inconsistent with, the overall comprehensive plan for land use previously formulated by the Town and its then current land use laws and regulations, if any.
•f. Before issuance of a permit, the applicant shall present to the Town certificates of insurance evidencing the acquisition of liability insurance coverage in at least the amounts of:
•1. Death/bodily injury: one million dollars ($1,000,000.00); and
•2. Property damage: two million dollars ($2,000,000.00).
Said insurance shall be maintained throughout the term of the permit issued by New York State Department of Environmental Conservation to operate said site and for a three year additional period after termination of said Department of Environmental Conservation permit, and the aforementioned certificates shall provide for thirty (30) days' notice to the Town prior to cancellation of coverage.
•g. Acceptance of said permit from the Town of Colesville by the applicant shall be indicative of the consent by applicant to indemnify and save harmless the Town of Colesville of all officers, agents and employees of said Town from and against any and all losses, claims, damages, costs, judgments, lawsuits, expenses, risks of loss or liability of whatever nature arising out of injuries to persons or property of whatever kind or nature as a result of operation of said solid waste management facility within the Town of Colesville and which are attributable to the negligence, omission of duty, misfeasance or wrongful act on the part of the applicant, its employees or agents.
•h. Any approval of site plan review and issuance of a permit by the Town Board pursuant to this Local law shall be valid only for so long as the premises which are the subject of site plan approval are use for the specific use and purposes state in that application; therefore, if at any figure time the applicant or a successor in interest, assignee or lessee shall wish to dedicate the premises to any other use, he shall make a new application for site plan review in accordance with the provisions of this Local Law.
Section 8. Application Fee.
The fee for a permit shall be one thousand five hundred dollars ($1,500.00) to be used by the Town to engage services of qualified professionals to review and report on the application and the facts, allegations or data set forth therein. The application fee shall be deposited in a special account maintained by the Supervisor of the Town of Colesville and the monies shall be invested at interest. Any monies not expended by the Town of Colesville under the provisions of this Local Law shall be returned to the applicant together with any interest earned on the monies so deposited.
Section 9. Penalties.
Upon conviction, a violation of this Local Law shall be deemed an offense and shall be punishable by a fine not exceeding fifty dollars ($50.00) for each and every such offense, or imprisonment for a period not to exceed fifteen days, or both. Each day's violation shall constitute a separate and additional violation. In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of such local law.
Section 10. Separability Clause.
If any clause sentence, paragraph, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder of this Local Law but shall be confined in its operation to the clause, sentence, paragraph, section or part of this Local Law that shall be directly involved in the controversy in which such judgment shall have been rendered.
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Section 11. Repeal.
Any portions of local laws, ordinances, resolutions or regulations heretofore adopted in conflict with this Local Law are hereby repealed.
Section 12. Effective Date.
This Local Law shall take effect immediately.
