Geddes City Zoning Code
ARTICLE XIII
Medical and Hazardous Waste Facilities 1
§ 240-57 Statement of authority.
This article is authorized based upon current technology and terminology but is not inclusive of the most current versions of:
A.
Title 40, Code of Federal Regulations, Part 260 (40 CFR 260), General Regulations for Hazardous Waste Management.
B.
Title 40, Code of Federal Regulations, Part 261 (40 CFR 261), EPA Regulations for Identifying Hazardous Waste.
C.
Title 40, Code of Federal Regulations, Part 262 (40 CFR 262), EPA Regulations for Hazardous Waste Generators.
D.
Title 40, Code of Federal Regulations, Part 263 (40 CFR 263), EPA Regulations for Hazardous Waste Transporters.
E.
Title 40, Code of Federal Regulations, Part 264 (40 CFR 264), EPA Regulations for Owners and Operators of Permitted Hazardous Waste Facilities.
F.
Title 40, Code of Federal Regulations, Part 265 (40 CFR 265), EPA Interim Status for Owners and Operators of Hazardous Waste Facilities.
G.
Title 40, Code of Federal Regulations, Part 266 (40 CFR 266), EPA Standards for Management of Specific Hazardous Wastes and Facilities.
I.
The provisions of the New York Municipal Home Rule Law.
J.
The provisions of the Statute of Local Governments.
K.
The relevant provisions of the Town Law of the State of New York.
L.
The relevant provisions of the Environmental Conservation Law.
M.
The Zoning Chapter of the Town of Geddes.
N.
The general police power vested with the Town of Geddes.
§ 240-58 Title; statement of purpose.
A.
This article shall be known as "An amendment to the Zoning Chapter of the Town of Geddes, Zoning Chapter 240, as amended, to regulate medical and hazardous waste facilities located within the Town of Geddes." The disposal and/or landfilling of any medical or hazardous wastes is regulated by, or permitted, under this article.
B.
This article is adopted based upon current technology and terminology but is not inclusive of the most current versions of the federal, state and local medical and hazardous waste regulations for the purpose of promoting the health, safety and general welfare of the community and in furtherance of the following related and more specific objectives, in addition to those objectives set forth in Article III, §§ 240-18 and 240-19 of the Zoning Chapter of the Town of Geddes:
(1)
To guide and regulate the operations of medical and hazardous waste facilities. This includes handling and recovery, hazardous waste transfer stations and storage and processing facilities.
(2)
To protect surrounding land uses from potential noise, odors, dust, water quality, traffic, disease transmission and other health-related impacts that occur as a result of these operations.
C.
The Town Board of the Town of Geddes hereby finds that, recently, the Town of Geddes has received and reviewed applications for medical and hazardous waste facilities. Additional applications for such approvals are expected to be received in the future. The existing Zoning Chapter of the Town of Geddes neither identifies nor describes these types of facilities, nor does the existing Zoning Chapter provide for adequate regulation of such facilities. Recent local events related to this issue indicate a clear and immediate need for the immediate review and enactment of revisions to the Zoning Chapter of the Town of Geddes standards to properly regulate such facilities.
D.
The Town Board of the Town of Geddes believes it to be in the general public interest to provide an opportunity for the limited conduct of certain types of medical and hazardous waste facilities within the unincorporated portions of the Town. The Town Board also recognizes the possibility for these type of facilities to create an incompatible land use scenario with surrounding land uses and the need to carefully consider the types, operations and zoning districts in which such operations may occur in order to protect the public health, safety and welfare of the citizens and property owners of the Town of Geddes.
§ 240-59 Definitions.
A.
All references to Subpart 360-10 shall mean 6 NYCRR Subpart 360-10, Regulated Medical Waste Storage, Containment and Disposal. All references to Part 370, and subparts thereof, shall mean 6 NYCRR Part 370, Hazardous Waste Management System: General. All references to Part 371, and subparts, thereof, shall mean 6 NYCRR Part 371, Identification and Listing of Hazardous Wastes. All references to Part 372, and subparts thereof, shall mean 6 NYCRR Part 372, Hazardous Waste Manifest System and Related Standards for Generators, Transporters and Facilities. All references to Subpart 373-1 shall mean 6 NYCRR Subpart 373-1, Hazardous Waste Treatment, Storage and Disposal Facility Permitting Requirements.
B.
All references to 40 CFR 260 mean Title 40, Code of Federal Regulations, Part 260, General Regulations For Hazardous Waste Management. All references to 40 CFR 261 mean Title 40, Code of Federal Regulations, Part 261, EPA Regulations For Identifying Hazardous Waste. All references to 40 CFR 262 mean Title 40, Code of Federal Regulations, Part 262, EPA Regulations For Hazardous Waste Generators. All references to 40 CFR 263 mean Title 40, Code of Federal Regulations, Part 263, EPA Regulations for Hazardous Waste Transporters. All references to 40 CFR 264 mean Title 40, Code of Federal Regulations, Part 264, EPA Regulations for Owners and Operators of Permitted Hazardous Waste Facilities. All references to 40 CFR 265 mean Title 40, Code of Federal Regulations, Part 265, EPA Interim Status for Owners and Operators of Hazardous Waste Facilities. All references to 40 CFR 266 mean Title 40, Code of Federal Regulations, Part 266, EPA Standards for Management of Specific Hazardous Wastes and Facilities.
C. CFR FACILITY HAZARDOUS WASTE NYCRR REGULATED MEDICAL WASTE (RMW) STANDARDIZED LOAD STORAGE TRANSFER STATION
As used in this article, the following terms shall have the meanings indicated:
Code of Federal Regulations.
All contiguous land, structures, other appurtenances and improvements on the land used for treating or storing hazardous waste. A facility may consist of several treatment, storage or disposal operational units (e.g., one or more landfills, surface impoundments or combinations of them).
A solid waste, or combination of radioactive and/or solid wastes, which, ecause of its quantity, concentration or physical, chemical or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed; as defined in 6 NYCRR Part 371, Section 371.1(d).
The Official Compilation of Codes Rules and Regulations of the State of New York.
Any medical waste in a solid state, as defined in 6 NYCRR Part 360 Subdivision 360-1.2(a), generated in the diagnosis, treatment (e.g., provision of medical services) or immunization of human beings or animals, in research pertaining thereof or in the production or testing of biologicals that is not excluded or exempted under Subparagraph 360-17.2(h)(2) of said Part 360.
A specific quantity and configuration of RMW representative of the type of RMW to undergo treatment, which has been established by the facility's approved operation plan.
The holding of hazardous waste on a temporary basis in such a manner as not to constitute disposal, at the end of which time the hazardous waste is treated, disposed of or stored elsewhere.
A transportation-related facility including loading docks, parking areas, storage areas and other similar areas where shipments of hazardous waste are held during the normal course of transportation.
§ 240-60 Regulated uses.
A.
Medical waste storage and processing facilities.
B.
Hazardous waste storage and processing facilities.
C.
Medical and hazardous waste transfer stations.
D.
Medical and hazardous waste incinerators.
E.
Facilities that process or store deicer, windshield-washer solvent and the waste from the manufacturing of swimming pool chemicals.
§ 240-61 Application procedures.
The applicant shall provide the following information, as prepared by a New York State licensed professional engineer, to the Zoning Board for review at the time of application:
A.
A site plan that indicates property lines, buildings and appurtenances, roads, parking areas, drainage patterns, elevation contours, location of residences, potable wells and surface water bodies, including wetlands, both on the subject site and within 200 feet of the boundaries thereof. All requirements of the Zoning Chapter must be met. All of the requirements of 40 CFR 260, 40 CFR 261, 40 CFR 262, 40 CFR 263, 40 CFR 264, 40 CFR 265 and 40 CFR 266 must be met.
B.
A facility operations plan must be submitted in writing, indicating the times of operation and the expected quantities of material to be received and processed for approval by the Code Enforcement Officer. This plan must include an outline of hourly and daily emissions, maintenance schedules, equipment and processes, including distribution, as well as the time frame other materials will remain on site.
C.
A description of the source, quantity and quality of material proposed to be received, processed and/or incinerated at the facility.
D.
A detailed description of facility operations. This description must include a list of equipment to be used, the type and expected daily number of transport vehicles, expected travel routes and the method of application.
E.
Odor, dust and vector control plan.
F.
Written notification that the requirements of Part 360, Part 370, Part 371, Part 372 and Part 373-1 have been met. If a New York State Department of Environmental Conservation (NYSDEC) permit is required, written notification from the NYSDEC must be submitted. All State Environmental Quality Review (SEQR) and permit applications and determinations shall be coordinated at the discretion of the Zoning Board and/or otherwise is required by law. In all circumstances, if the provisions of this article impose a more stringent standard, such provision shall control. If a NYSDEC permit is not required, the applicant must comply with the requirements of the Part 360 regulations and all revisions thereof and the requirements of this article to the satisfaction of the Town Zoning Board.
G.
A contingency plan for use in the event of an on-site emergency. The contingency plan must be submitted to and approved by the Town of Geddes Zoning Board after referral to the appropriate fire company, hazardous materials cleanup unit, police department, ambulance service and other emergency service agencies.
H.
Financial assurance estimates, a proposed form of surety and a current letter of credit.
I.
A proposed facility plan that includes floor area ratios, layout and architectural details of structures must be submitted.
K.
A landscape plan and a soil and erosion control plan must be submitted.
§ 240-62 Facility requirements.
A.
This article specifically excludes any of the facilities listed in § 240-60 above which may be owned and/or operated by the Town of Geddes.
B.
All proposed facilities must comply, at a minimum, with all current state requirements pursuant to Part 360, Part 370, Part 371, Part 372 and Part 373-1.
C.
All proposed facilities must comply, at a minimum, with all current Federal requirements pursuant to 40 CFR 260, 40 CFR 261, 40 CFR 262, 40 CFR 263, 40 CFR 264, 40 CFR 265 and 40 CFR 266.
Zoning Districts | |||
|---|---|---|---|
Special Uses | Industrial A | Industrial B | |
RMW/Hazardous Waste Incinerating Facility | P | A | |
RMW/Hazardous Waste Storage Facility | P | A | |
RMW/Hazardous Waste Transfer Station | A | A | |
Key to Abbreviations: | |||
A = Allowed by special use permit | |||
P = Prohibited | |||
NOTE: The uses above are prohibited in all other zoning districts in the Town of Geddes. | |||
D.
All proposed facilities, regardless of size, must comply with the requirements of this article.
E.
Proposed facilities must demonstrate compliance with the New York State Public Authorities Law and the approved Onondaga County Solid Waste Management Plan or receive approval from the Onondaga County Office of the Environment or successor agencies.
F.
All facility uses covered under this article are considered special uses and therefore, require a special use permit and site plan approved by the Zoning Board and in accordance with §§ 240-18 and 240-19 of the Code of the Town of Geddes, as amended, regardless of whether a building permit is required. These facilities may be permitted as a special use in the following zoning districts only:
G.
An applicant may not apply for more than one special use permit for operations or facilities regulated by this article.
§ 240-63 Construction requirements.
A.
The facility must be constructed on a stable surficial soil (suitable base material) to ensure stability and all-weather accessibility.
B.
Approach roads to the facility, and access roads within the facility, must be constructed for all weather conditions and maintained in passable conditions at all times to allow for access by fire-fighting and emergency response equipment. Access to these roads must be approved by the New York State Department of Transportation and the United States Department of Transportation.
C.
The site and facilities must be generally level and well drained and must be free of standing water, with the exception of fire suppression or other mitigative facilities.
D.
Surface water drainage must be diverted away from the operating and storage areas.
E.
The facility must have adequate water supply for operations, fire prevention and dust control.
F.
Buffer areas at the facility shall be maintained as vegetative berms to facilitate filtration of pollutants from stormwater runoff, to retard off-site odor migration and to prevent the dispersal of material off site. The facility must meet the setback requirements specified in Article III, §§ 240-18 and 240-19 of the Zoning Chapter of the Town of Geddes.
G.
All facility operations areas and materials storage areas visible from public streets or adjacent residential uses shall be screened from public view by a landscaped buffer or other method acceptable to the Town Zoning Board.
H.
Access to the site shall be controlled to prevent unauthorized dumping during nonbusiness hours. The operator shall establish a procedure and mechanism for proper disposal of orphaned waste at an approved disposal facility.
I.
In no case will any facility operation be located on a one-hundred-year floodplain or regulated wetland.
J.
The loading and unloading areas must be adequate in size and design to facilitate efficient unloading and loading of transport vehicles and the unobstructed movement of vehicles.
M.
All medical and hazardous waste material must be stored in the main processing structure.
§ 240-64 Operations requirements.
The owner must submit an operations plan which provides an overview of daily operations and maintenance schedules, equipment, including, without limitation, construction vehicles, and schedules for the transfer of medical and hazardous waste. The term "operations" shall include the storage of any and all materials. The operations plan must demonstrate that the following criteria will be met:
A.
Dust from operation areas and roadways shall be controlled so as not to migrate off site.
B.
No materials shall be allowed to disperse off site.
C.
All odors must be controlled in a manner to prevent a nuisance to off-site properties and as described in the operations plan.
D.
The owner/operator must maintain daily operational records for the facility, quarterly and yearly vehicle quantities of each type of waste material entering and leaving the facility and the mechanism used for processing the waste material. This information must be summarized and submitted to the Code Enforcement Officer in the form of a facility report every three months from the date of approval or at more frequent intervals if, in the judgement of the Zoning Board, such more frequent submittals are required.
E.
Provisions for vector and insect control must be made as to limit on-site and off-site impacts.
F.
Any changes to the facility design or operations as submitted to the Town Zoning Board in the original application shall be submitted to the Town Zoning Board for review and approval as a site plan modification.
H.
No operations shall be conducted on the following holidays:
New Years Day | |
Memorial Day | |
Fourth of July | |
Labor Day | |
Thanksgiving Day | |
Christmas Day |
I.
At a minimum, all requirements of 6 NYCRR Subpart 360-10.4 must be met.
J.
At a minimum, all requirements of 40 CFR 264 must be met.
K.
The owner or operator of any facility used for storage or containment of RMW must comply with the applicable requirements set forth in 6 NYCRR 360-1.14.
L.
Approval for acceptance of RMW at a storage or containment facility may be withdrawn by the NYSDEC for noncompliance with the operation plan. The permittee may request a hearing after such withdrawal in accordance with 6 NYCRR Subpart 621.14.
M.
All RMW received at the facility must be transported by permitted transporters in accordance with 6 NYCRR 364.9.
N.
Delivery of unauthorized waste, contamination of any person or other emergencies must be reported in writing to the NYSDEC regional solid waste engineer.
O.
The storage, containment and disposal of RMW must comply with the requirements of 6 NYCRR 360-10.5 and 10.6.
P.
Facility personnel must successfully complete the personnel training required in the personnel training plan as described in 6 NYCRR 360-10.3(c) within six months of the date of their employment.
Q.
A new or revised operation plan for storage or containment of RMW must be prepared and submitted for approval whenever there is a proposed change for incineration or storage procedures.
R.
At a minimum, all requirements of 6 NYCRR Part 370 and 6 NYCRR Part 372 must be met.
S.
The operations plan must be in compliance with the State Uniform Fire Prevention and Building Code, Part 1196, Fire Department Notification.
T.
The Town Board will approve the specific amount of money that must be accrued by the applicant to return the site to its original state if operations cease.
§ 240-65 Penalties for offenses.
The failure to maintain and operate the site as required by these regulations shall be grounds for enforcement as noted in Articles IX, X and XI of the Zoning Chapter of the Town of Geddes, and any revisions thereof, with the following attendant penalties therein:
A.
If the Town Building Inspector or his/her deputy determines that a facility is operating in contravention with its approved site plan and/or facilities operations plan or special use permit the Inspector shall serve notice to the owner and/or operator of the facility as specified in § 240-48 of the Zoning Chapter of the Town of Geddes.
B.
Such notice will require the owner and operator to take action immediately after service of the notice. If the violation is not remedied within a reasonable time after said notice, fines may be imposed by the Town of Geddes, consistent with the nature of the violation, in the amount of $500 per calendar day of the estimated facility closure cost.
C.
In addition to other remedies provided by law, any appropriate action proceeding, whether by legal process or otherwise, may be taken to correct or abate such violation of this Zoning Chapter.
D.
Notwithstanding the above, if the Town Code Enforcement Officer or his/her deputy determines that immediate remedial action must be taken to prevent a potentially hazardous condition from causing damage to persons and/or property, the owner and/or operator of the facility or the person on the site with the most authority of the owner and/or operator, if different, shall be served with a written notice advising of the immediate action to be taken and that failure to immediately undertake such action and pursue to completion with due diligence shall result in a call of all or a portion of the financial security without further notice.