Metro Enviro - Draft Special Use Permit
DRAFT

Special Use Permit
Definitions
The following terms are used in this permit:

“DEC” means the New York State Department of Environmental Conservation.

“Facility” means the solid waste transfer station located at 1A Croton Point Avenue, Croton-on-Hudson, New York, currently operated by Metro Enviro Transfer, LLC.

“O & M Manual” means the latest version of the Operations and Maintenance Manual for the Facility as approved by the Village.

“Permittee” means Metro Enviro Transfer, LLC.

“Site” or “Premises” means the parcel of real property located at 1A Croton Point Avenue, Croton-on-Hudson, New York.

“Village” means the Village of Croton-on-Hudson

“Village Board” means the Village Board of Trustees of the Village of Croton-on-Hudson.

“Village Monitor” means a person or entity employed or contracted by the Village to evaluate and monitor compliance with this permit, the O & M Manual, and the DEC permit, and the environmental impact of the Facility.

Where a term is not defined in this permit, but is defined in 6 N.Y.C.R.R. § 360-1.2, the definition contained therein is hereby adopted for each such term.  Terms not defined by this section have their plain meanings.

Conditions
The special use permit issued for the operation of the Facility is hereby renewed in the name of Metro Enviro Transfer, LLC, subject to the conditions, terms, limitations and restrictions set forth herein.

1)              Uses shall be limited to the operation of a construction and demolition debris processing and limited recyclables handling facility. Only acceptable materials may be brought onto the Site.  Acceptable materials are:

Wood
Construction and demolition debris
Concrete
Pavement
Stone
Metal
Railroad ties
Telephone poles

2)              Non—acceptable materials are prohibited at the Facility and may not be brought onto the Site. Non—acceptable materials include:

Industrial waste
Chemical/explosive waste
Medical/infectious waste
Municipal solid waste
Hazardous or toxic waste
Garbage as defined in 6 NYCRR Section 360.1(73).
Petroleum contaminated materials
Radioactive materials
Asbestos
Liquids
Sludges, oils, solvents, spent chemicals, acids
Vehicle tires
Any other putrescible waste
Commercial waste as defined in 6 NYCRR Section 360.1(30).
Household recyclables.
Cardboard, paper, glass and plastics except when such material is incidental to or related to a load of construction and demolition debris or other acceptable materials received by the facility.

3)              The collection, compaction, source separation, transshipment and disposal of materials must be carried out in conformity with any applicable Federal, State and County regulations and standards.

4)              The granting of this special permit confers no right whatsoever to build or operate a cogenerating waste burning facility or incinerator on the Site. Waste burning of any kind and any on—site elimination of waste materials on the Site is specifically prohibited.

5)              No wood chipper or rock crusher shall be used on the Site, except by the Village or its contractors (provided said activity complies with all applicable laws, rules and regulations).

6)              All materials, whether or not recycled, shall be sent to sites outside the Village of Croton-on-Hudson for disposal. No materials shall be buried or otherwise disposed of on-site.

7)              Non-acceptable materials as such term is defined in paragraph 2 above shall not knowingly be accepted at the Site. Should such material be accepted inadvertently, it shall be removed from the site as provided in the facility O & M Manual, but in no event shall hazardous or toxic material remain at the Site for longer than 12 hours.  Any vehicle tires received shall be placed promptly in a closed container and removed from the Site within 24 hours.

8)              Permittee shall conduct all operations on the Site in such a manner as not to cause any noxious or offensive odors which are detectable beyond the property lines of the Site. In the event that any complaint is received regarding odors or fumes emanating from the premises, the Permittee shall take immediate action to eliminate the cause of the complaint. Malodorous material shall be removed from the Site within 24 hours in accordance with the procedures set forth in the 0 & M Manual.

9)              In the event that trucks idling on the Site result in significant adverse environmental impacts, the Permittee shall make a good faith attempt to mitigate such impacts.

10)     Piles of exempt materials, which shall be the only materials stored outside the covered pad and outside the processing building (with the exception of materials stored outdoors as set forth in Paragraph 23 below), shall be limited to 400 cubic yards in total and shall not exceed 10 feet in height.

11)     The area around the fire hydrant is to be kept clear at all times and a 25-foot path maintained for access to it, or such other access as it allowed by the Village. A sign indicating the location of the hydrant is to be posted on the roadway so as to be immediately visible to responding fire apparatus.

12)     The Permittee shall maintain the premises in as orderly a fashion as feasible given the nature of its activities.

13)     The Permittee shall comply with the following conditions originally imposed through reference to a Fire Department memorandum of October 19, 1989:

(i)     the Permittee shall provide the Village Fire Department with an emergency contact phone listing so that emergency heavy equipment operators will be available to assist the Fire Department at a fire, 24 hours per day, seven days per week;
(ii)    the Permittee shall maintain on-site and accessible to the Fire Department fifty gallons of wetting agent or Class A foam for firefighting use at the site.  The type of agent is subject to reasonable approval by Fire Department;
(iii)   the Permittee shall have the hydrant on its property flushed, tested, and serviced twice a year, and will regularly send to the Village Fire Department and the Village Engineer documentation of compliance with this provision;
(iv)    Notwithstanding any provision to the contrary in this permit, failure to abide by any order of remedy issued by the Fire Department with reasonable notice and an opportunity to comply shall require the Fire Department to order an immediate shut down of incoming materials.

14)     Cumulative noise levels generated at the Facility shall not significantly increase the ambient noise levels in the area, including, traffic noise from Route 9 and the railroad noise from Metro North. The typical ambient noise levels generated from these sources as measured at the nearest Half Moon Bay building measure approximately 74 dBA to 84 dBA. The maximum noise levels resulting from the Facility’s operation shall not exceed 90-98 dBA as measured at the site property line closest to Half Moon Bay.  The Permittee must conduct noise surveys if the Village notifies it that it has received credible complaints of noise exceedances.

15)     There shall be no composting on the site except by the Village (provided said activity complies with all applicable governmental laws, rules and regulations).

16)     Any material additional activities beyond those permitted hereby shall be deemed a violation of the conditions and terms of this special permit.

17)     The property shall conform to the amended site plan approved by the Planning Board of the Village of Croton-on—Hudson, New York, on September 1, 1998, consisting of the drawings and conditions recited in the Planning Board’s resolutions of approval, and as may be amended by the Planning Board.

18)     Permittee shall comply with all conditions, restrictions and limitations in its existing DEC permit #3—5522-00119/00002 effective February 7, 2003 and any subsequent DEC permit for the Facility and shall not seek amendment of any such permit without the approval of the Village Board.

19)     All operations at the Facility shall be in full compliance with the 0 & M Manual. At least five copies of the 0 & M Manual must be on site at all times and available to all employees. The 0 & M Manual, dated May 1995 and last revised on April 23, 2002, is hereby incorporated by reference into this special use permit and may not be amended except upon approval by the Village Board of Trustees.  

20)     The operation of the site is to meet all the requirements of Section 230-47 of the Village’s Zoning Law.  Compliance with Section 230-47(B)(5) shall be determined by reference to the latest National Ambient Air Quality Standards, set by the United States Environmental Protection Agency and other relevant state or federal standards.

21)     Any written agreements by the Permittee or its predecessors or oral agreements or assurances made by the Permittee or its predecessors at Village Board meetings in the course of the application for the previous special use permit or this renewed permit shall be binding upon it.

22)     No operations (other than those conducted by the Village) shall take place other than those specifically described in the DEC permit.  It is understood that if any actions of the Village on the Site result in a violation of the DEC Permit, or any other violation or infraction of law, that shall not provide any basis for the issuance of a stop-work order, suspension or revocation of this permit.

23)     The Permittee shall be permitted to park up to five unloaded trucks and store empty containers on the site in the area indicated on Exhibit __, provided that: (i) they are owned or leased by Allied Waste Industries, Inc. or one of its affiliates or subsidiaries; (ii) they do not exceed the height of the fence along the westerly property boundary; iii) water does not accumulate inside the empty containers; and iv) no portable sanitary devices may be stored.

24)     The Permittee shall allow the Village during operating hours as set forth below to use that portion of the site shown in Exhibit __ for the purpose of storage of materials and equipment and for composting. Salt may not be stored at the Facility.  Said activities may be conducted by the Village provided: a) they comply with all applicable governmental laws, rules and regulations; b) they are performed in such a manner as not to cause any noxious or offensive odors which are detectable beyond the property lines of the Site; c)such activities result in no material, out-of-pocket cost to Metro Enviro, or interference with the operation of the Transfer Station; d)the duration of such use is coterminus with this Special Permit; and e) said use does not adversely impact the use and function of the stormwater basin located on the northeastern portion of the Site. The Permittee shall diligently seek any required amendments to the site plans filed with DEC and the Planning Board, and any permits issued by DEC and the Planning Board, as rapidly as possible after this permit is granted.

25)     Duplicates of all reports and submittals required pursuant to any DEC permit for the Facility shall be submitted to the Village Engineer’s office.

26)     The Permittee shall file with the Planning Board and the Village Board copies of any application for a modification or renewal of any DEC permit for the Facility and any change to such a permit imposed by DEC or any renewal granted by DEC.

27)     Notwithstanding any other provision of this permit, where requirements for the same operations are specified in the DEC permit, this permit and/or the Operations and Maintenance Manual, the most stringent requirements shall prevail.

28)     The operator must promptly provide the Village Engineer with the results of any inspection carried out by any government agency and copies of any notice of violation of any kind issued by any governmental agency. If any governmental agency has found the operation of the site to be in violation of any law or regulation, the operator must confirm that it has corrected the violation or is taking steps to eliminate the problem as expeditiously as possible.

29)     The Permittee shall continue to provide lighting and illumination for the Site in compliance with the approved site plan and any amendments thereto adopted by the Planning Board.

30)     Best management practices recommendations for stormwater management should be followed, including those relating to material stockpile areas and points of stormwater discharge. Details and application of erosion controls as presented in the New York State Guidelines for Urban Erosion and Sediment Control and the Draft New York State Standards and Specifications for Urban Erosion and Sediment Control should be followed.

31)     Signage at the entrance way to the Site shall include the name of the Permittee and a list of prohibited materials.  A second prohibited materials sign shall be maintained at or immediately adjacent to the scale house. The text of the signs is subject to approval of the Village Monitor and the Village Engineer.

32)     The operating hours of the Facility shall be from 6:30 A.M. to 6:30 P.M. on Monday through Friday, and 8:00 A.M. to 2:00 P.M on Saturday.  The Permittee may not undertake any activity whatsoever outside of these hours, except that rail cars may be moved to and from the Facility, but may not be loaded or unloaded.

33)     The Facility may only receive waste from 8:00 A.M. until 5:00 P.M. on Monday through Friday, and from 9:00 A.M. to 1:00 P.M on Saturday.  The Permittee shall not receive waste materials, nor send waste off-site by truck, outside of these hours.

34)     Subject to the limitation in paragraph 35, the total amount of waste that may be received in any single day must not exceed 850 tons per day, and 300 tons on Saturdays, from October 1, 2004 through September 31, 1996.  If the permit is renewed thereafter, then, subject to the limitation in paragraph 35, the total amount of waste that may be received in any single day must not exceed 1,000 tons per day, and 300 tons on Saturdays, and in any calendar week shall not exceed 4,550 tons.

35)     The total amount of waste that may be received as set forth in paragraph 34, shall be decreased by 10% if less than 50% of the total material shipped offsite is shipped out by rail.  Calculation of the percentage shipped by rail shall be made each six months, based on the cumulative percentage of material shipped in the preceding six months, and shall be determinative of allowed capacity until the next calculation.  Such calculations shall be sent to the Village Engineer shortly after they are made.

36)     The Permittee shall provide a certified and signed written operational report to the Village within thirty days after each year of operation following the grant of this permit, including, but not limited to, totals of material tonnage handled by the Facility, truck traffic, operation of the rail spur, complaints and their resolution, and any other relevant information so as to provide a basis for the Village to evaluate whether the Permittee has been in material compliance with its permit. In addition, the Permittee shall furnish to the Village, within 45 days of the conclusion of each calendar quarter, certified operating data including, but not limited to, the number of trucks arriving at the Facility each day, the number of train cars leaving the Site each day, and the daily totals of weight of each category of waste materials received by the facility and shipped out by truck and by rail.

37)     The area for discharge of trucks and waste processing, shall continue to be enclosed in a building.  The Permittee must comply with all the dust control procedures related to the processing operations in the 0 & M Manual.

38)     The Permittee must maintain the paving of all onsite roads associated with the processing operation in good condition, as reasonably determined by the Village Engineer.

39)     The Permittee shall maintain the landscaping along the Route 9 berm in accordance with acceptable landscaping industry standards.

40)     The Permittee shall implement the landscaping plan agreed to with Half Moon Bay, as submitted to the Village Board by letter dated April 23, 1998 from Scott Johnston of Half Moon Bay, to mitigate adverse visual and noise impacts, if any, resulting from the project.  However, should the Village Engineer determine that the agreed plan is outdated, the Village Engineer, in consultation with the Permittee, shall devise a new landscape plan of approximately equivalent cost, which the Permittee shall implement.

41)     The Village and the Village Monitor shall have a right to inspect the Facility and Site, at unannounced times during operating hours and, in case of emergency or suspected violations of the operating hours limitations, during non-operating hours. The Village shall designate specific representatives to conduct such inspections and notify the Permittee of such authorized representatives, who shall be Village employees, or professionals working for the Village.

42)     Isolated accidental occurrences and/or isolated occurrences resulting from ordinary negligence, that do not result in substantial verifiable harm to public health, safety, or the environment, will not alone provide a basis for suspension or revocation of the Proposed Permit.  However, grossly negligent, reckless, callous, or intentional violations; repeated, persistent, or uncured negligent violations; or violations that result in substantial verifiable harm to public health, safety, or the environment shall be grounds for a stop-work order and revocation of this permit, in accordance with the following procedures:

Stop-Work Order. Whenever a violation of this permit has occurred, the Village Engineer or Village Code Enforcement Officer shall serve notice to the Permittee to remedy the violation within five business days of such notification. Such five-day notice shall normally allow Permittee to rectify and cure any such cited violation. However, such five-day notice shall not apply, and no notice shall be required, in situations where (a) there are imminent hazards posed to the public health, welfare or the environment, such as acceptance by Permittee of toxic or hazardous waste, or garbage (as defined by Part 360) or, (b) there is a blockage of a fire lane shown on the approved Site Plan or, (c) the violation is a repeated, persistent, or uncured negligent violation or, (d) the violation is caused by grossly negligent, reckless, callous, or intentional conduct, or (e) the violation has caused substantial verifiable harm to public health, safety, or the environment.

For the types of violations enumerated in the list above, the Village Engineer or Village Code Enforcement Officer may issue a stop—work order.  If the Village Engineer or Code Enforcement Officer does issue a stop-work order, the Permittee shall, within 24 hours, be furnished with copies of any complaints, studies, analyses, test results, consultant reports and the like, if any, upon which said official relied in the issuance of the stop-work order.   In addition, if the violation is one of type (c), (d), or (e) in the list above, the Village Board may then initiate a review regarding revocation of this permit.  In such case, the stop—work order shall remain in effect until the Village Board’s decision on revocation and the Village Board shall hold a public hearing as provided below no later than 30 days after the issuance of a stop-work order.  If the stop-work order relates to a violation of type (a) or (b) in the list above, it shall continue until the Village Engineer determines that the identified hazard has been cured.

Suspension and Revocation. The Village Board may suspend or revoke this permit after a public hearing on five (5) days’ written notice mailed to the Permittee’s address, return receipt requested, where it finds that a violation of type (c), (d), or (e) has occurred, whether or not a stop-work order is issued, or where it finds that Permittee has failed to make any of the payments required by the Settlement Agreement whose execution was authorized by the Village Board on ________________, 2004, if the 30 day notice period provided therein has passed and full payment has not been made.

Written Reasons for Suspensions and Revocation. The Village Board shall set forth, in writing, in the file it keeps regarding this permit its findings and reasons for revoking or suspending this permit.

Restoration of a Disturbed Area. The Village Board may require that an area disturbed or degraded by unpermitted activity be returned to its permitted state by the Permittee. Any work required to accomplish this restoration shall be performed in a fashion satisfactory to the Village Board.

43)     The Village will retain all powers of enforcement available to it under paragraph 42 above and the Village Code, including, but not limited to, the right to order cessation of operations in certain circumstances, as well as the right to assess monetary penalties for any type of violation.

44)     The amount of bond, or other financial assurance, to the Village shall be set at $300,000, which may include the amount of the bond required under the DEC permit, and which shall remain at $300,000, regardless of any future changes in the amount required by the DEC.

45)     This special use permit shall be for an initial term of two years effective October 1, 2004, and the Village Board shall, after a timely application for renewal, and after hearing public comment, renew this permit for an extended term of three years, unless during the initial term there are: a) repeated, material violations of the permit, b) revocations (or still effective suspensions) of the DEC Permit, or c) violation(s) of the permit that result in substantial verifiable harm to public health, safety or the environment. In particular, isolated accidental occurrences and/or isolated occurrences resulting from ordinary negligence, that do not result in substantial verifiable harm to public health, safety, or the environment, will not alone provide a basis for the Board to deny future applications for renewal of the Special Permit.  However, grossly negligent, reckless, callous, or intentional violations; or repeated, persistent, or uncured negligent violations by Metro Enviro, or events at the Facility that cause substantial verifiable harm to public health, safety, or the environment, shall be grounds for denial of such a renewal application.  The Permittee must submit its renewal application no more than six months but no less than four months prior to the expiration of this permit.