NO. 16 PAGE 1
JULY 26, 2007
WEB SITE http://macedontown.net
A Regular Meeting of the Town Board of the Town of Macedon held July 26, 2007 at the Town Offices, 32 Main Street in the Village of Macedon, was called to order by Supervisor William Hammond at 7:30 P.M.
Pledge of Allegiance
Upon Roll Call, the following members of the Board were present:
Councilperson……….Paul Kenyon
Councilperson……….David Maul
Councilperson……….David McEwen
Councilperson……….Ken Nawrocki
Supervisor…………...William Hammond
Also Present: Highway Supt………..Richard Roets
Town Attorney……….Anthony Villani
Town Engineer………Scott Allen
Town Clerk………..…Judy Gravino
RESOLVED the Board approves the minutes of July 12, 2007 as presented.
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI ABSTAIN, HAMMOND AYE MOTION CARRIED
Macedon Police June-07 Monthly Report
RESOLVED the Board approves the reports as submitted.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the Macedon Town Board acknowledges the receipt of an audit performed by Kim V. Leonard of the court books and records for fiscal years: 1/1/2004-12/31/2004 and 1/1/2005-12/31/2005 for the Honorable Justice Thomas L. Crowley and the Honorable Justice Donald R. Fox, and be it further
RESOLVED the Macedon Town Board accepts the report and its findings as submitted.
MOTION BY NAWROCKI, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
WHEREAS Andre Bellefontaine was appointed to the position of full time Heavy Equipment Operator by the Highway Superintendent effective 1/29/07 and whereas he has successfully completed a six month evaluation
BE IT RESOLVED that Andre Bellefontaine be appointed to the position of permanent Heavy Equipment Operator effective July 29, 2007 at a rate of $15.50/hour.
MOTION BY KENYON, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
NO. 16 PAGE 2
JULY 26, 2007
RESOLVED the Board authorizes the Town Clerk to file the necessary forms with the Department of Transportation requesting a speed reduction from 55 mph to 45 mph on North Wayneport Road from Route 31 to the canal.
MOTION BY NAWROCKI, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the Board approves and authorized the Supervisor to sign the Authorized Subdivision Agreement relative to the Pictometry system with Wayne County.
MOTION BY NAWROCKI, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the Board accepts the resignation of James B. Forshay as Court Attendant effective August 17, 2007 and be it further
RESOLVED that the Town Clerk is authorized to advertise for the vacancy.
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the Town Board accepts the Amendment to Change The Estimated Expenditure for Snow & Ice Agreement on State Roads, Agency Certification Contract No. D009827, to revise the 2006/07 additional lane miles of state roads plowed/treated during the winter season and authorize the Supervisor to sign said agreement.
MOTION BY NAWROCKI, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the Macedon Town Board authorizes the Supervisor to accept the NYSE&G proposal to install 2-150 watt high-pressure sodium Rate 2 Street Lights at Parkwood Heights with an annual rate cost of $186.00 for that district. (Rate 2 means Municipality owned.)
MOTION BY NAWROCKI, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
7:45 P.M. - PUBLIC HEARING – HIGH ACRES FACILITY – SPECIAL USE PERMIT – PHASE 111 HORIZONTAL/VERTICAL EXPANSION
The public hearing notice for the High Acres Facility was published on 7/2, 7/9, 7/16 & 7/23/07. Notice was posted on 6/29/07. The stenographer’s transcription of the public hearing will be available at the Town Clerk’s Office.
RESOLVED the Public Hearing be closed at 9:40 p.m.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
NO. 16 PAGE 3
JULY 26, 2007
RESOLUTION NO. 195 (07) WASTE MANAGEMENT - HOST COMMUNITY SOLID WASTE DISPOSAL AGREEMENT
AGREEMENT to accept the Host Community Solid Waste Disposal Agreement subject to the Town Attorney’s approval and authorize the Supervisor to sign on behalf of the Town.
MOTION BY NAWROCKI, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 196 (07) WASTE MANAGEMENT – STATEMENT OF FINDINGS
UNDER THE NEW YORK STATE
ENVIRONEMTNAL
QUALITY REVIEW ACT AND TOWN OF MACEDON CODE AND ISSUING A
SPECIAL USE PERMIT TO
WASTE MANAGEMENT OF NEW YORK, INC.
PURSUANT TO ITS
LANDFILL EXPANSION TO BE LOCATED IN THE TOWN OF MACEDON
BE IT ENACTED BY THE
MACEDON TOWN BOARD AS FOLLOWS:
WHEREAS, by application for special use permit (“SUP”) and revised application dated February 1, 2007, Waste Management of New York LLC (“WMNY”), as amended with the consent of WMNY at a public hearing on the SUP held on July 26, 2007 requested that a SUP be granted to it by the Town of Macedon (“Macedon”) which would permit the expansion of the High Acres Landfill and Recycling Center (“HALRC”) within properties located in Macedon (the “Project”) including property owned by WMNY totaling approximately 138.5 acres bounded by the Wayne/Monroe County Line on the west, Quaker Road on the north, Wayneport Road on the east, and the Erie Canal/CSX Railroad on the south which WMNY proposes to use to expand its existing landfill operation; and
WHEREAS, WMNY owns an additional 33 acres of undeveloped land in Macedon which WMNY proposed to utilize for support operations such as roadways, berms and sediment basins pursuant to the Project; and
WHEREAS, WMNY will not be altering the nature of the waste stream which it accepts at the landfill pursuant to the expansion, nor does WMNY propose to increase the amount of waste taken in, but only seeks to expand the capacity of the landfill, and
WHEREAS, the proposed expansion of the HALRC is partially within the Town of Perinton in Monroe County, and partially within the Town of Macedon in Wayne County (hereinafter the proposed landfill expansion encompassing both the Towns of Macedon and Perinton shall be referred to collectively as the “Proposed Landfill Site”), and
WHEREAS, the process required under the New York State Environmental Quality Review Act (“SEQRA”) for the proposed landfill site was formally initiated on May 26, 2005 with WMNY’s submission to the New York State Department of Environmental Conservation (“NYSDEC”) a Part 360 permit application as well as applications seeking additional required permits including an Article 24 Fresh Water Wetlands Permit, as well as a Section 401 Water Quality certification application for a solid waste management facility permit as well as submitting a Long Environmental Assessment Form and a supplemental narrative, and
WHEREAS that NYSDEC declared itself as lead agency on July 5, 2005 in accordance with SEQRA, and
NO. 16
PAGE
4
JULY 26, 2007
WHEREAS, NYSDEC as lead agency issued a positive declaration on August 17, 2005 requiring the preparation of a draft supplemental environmental impact statement (“DSEIS”) for the Proposed Landfill Site, and thereafter NYSDEC noticed a public scoping meeting which was held on September 7, 2005, and
WHEREAS, subsequent to the public scoping meeting on September 7, 2005, WMNY submitted a revised application to NYSDEC dated November 16, 2005 with the revised application, including a vertical expansion as part of the Proposed Landfill Site, and
WHEREAS, based on the issues raised during the September 7, 2005 public scoping meeting, including various comments which were received both verbally and in writing, a draft scope for the DSEIS was prepared and distributed and the final scope was ultimately adopted by NYSDEC dated February 16, 2006, and
WHEREAS, DSEIS was submitted to NYSDEC as lead agency on April 24, 2006, and NYSDEC reviewed the DSEIS and deemed it complete on October 11, 2006. Following such completeness determination by the NYSDEC, the DSEIS was made available for public comment and review beginning October 11, 2006 through November 27, 2006. In addition, a public hearing was held on November 9, 2006 to receive comments on the DSEIS, and WMNY also held various public information sessions over the time period that began with a formal initiation of the SEQRA process in May 2005, and
WHEREAS, Macedon as an involved party actively participated in the referenced SEQRA review hearing process and public comment process, as well as attending public information sessions that WMNY held for the Proposed Landfill Site, and
WHEREAS, NYSDEC together with the involved agencies conducted a comprehensive and thorough SEQRA review process for the full build-out of the Proposed Landfill Site including that portion of WMNY’s that portion of the expanded landfill which is to be located in the Town of Macedon, and
WHEREAS, NYSDEC issued its SEQRA Findings and Statement pursuant to the Proposed Landfill Site on May 18, 2007 determining that each of the environmental impacts identified relative to the Proposed Landfill Site have been mitigated to the extent possible and certifying in accordance with SEQRA regulations that consistent with social economic and other considerations from among other reasonable alternatives, the action (the Proposed Landfill Site) was one which avoids or minimizes adverse environmental impacts to the maximum extent practical, and the adverse environmental impacts will be minimized to the extent possible by incorporating as conditions to the decision those mitigative measures which were identified as practicable, and
WHEREAS, the Project constitutes an extension of the lifespan of the existing High Acres Landfill Facility, but does not constitute any change in daily operations including tonnage accepted per day, hours of operation or other operational factors, and
WHEREAS, the Macedon Town Board retained the engineering firm of Clough Harbour Associates, L.L.C., for the purposes of conducting a third party independent engineering review of the Proposed Landfill Site, including the Project, and
WHEREAS, Clough Harbour Associates has reported back to the Town Board via a July 26, 2007 letter report that the proposed landfill expansion has been engineered in accordance with appropriate design standards, and
NO. 16 PAGE 5
JULY 26, 2007
WHEREAS, the Macedon Town Planning Board did perform an advisory review of the proposed revised Special Use Permit application dated February 1, 2007 by Town Planning Board resolution enacted on July 23, 2007, and the Town Planning Board offered a positive referral to the Town Board recommending the issuance of a Special Use Permit with the recommendation that certain landscaping or similar improvements be added or maintained to a drumlin located in proximity to the Wayneport Road, and
WHEREAS, the Wayne County Planning Board did review the proposed Special Use permit application on July 25, 2007, and offered its referral to the Town Board relevant to issuance of the Special Use Permit by letter dated July 26, 2007 and recommending the issuance of the Special Use Permit upon the inclusion of certain conditions including that royalty payments to be made as proposed by the Host Community Agreement be used to address impacts to local roads, etc. from the Project, that truck traffic associated with the Project be routed away from residential areas, that appropriate screening, etc. be implemented to avoid visual impacts to the Erie Canal, and further that the Wayne County Planning Board stated that it supports strategies such as the use of alternative fuel vehicles to service the Project, and the use of methane gas at the landfill to expand power generation capabilities instead of flaring such material, and
WHEREAS, the Macedon Town Board did publish a notice of public hearing and held a public hearing on July 26, 2007 to solicit any public comment relative to WMNY’s Special Use Permit application, and
WHEREAS, the Town of Macedon hereby adopts by reference the SEQRA findings made by the NYSDEC dated May 18, 2007 incorporating same in this resolution. Further, as an involved agency and pursuant to its authority to issue or deny the SUP, the Macedon Town Board has made its own independent review of the SUP application including the Project and the Macedon Town Board hereby incorporates by reference into this resolution the attached Findings Statement dated July 26, 2007, and
WHEREAS, the Macedon Town Board has performed its own independent review of applicable documentation, including but not limited to the original and revised applications submitted by WMNY for a Special Use Permit, the DSEIS and FSEIS as well as each of the documents submitted in support of same during the SEQRA process as referenced above, and the Board has determined that WMNY has complied with as a condition precedent for the approval of application for the SUP each of the required conditions as set forth in the Code for the Town of Macedon for the issuance of a Special Use Permit, and
WHEREAS, the Macedon Town Board has negotiated and adopted a Host Community Agreement (“HCA”) dated July 26, 2007, and
WHEREAS, in the opinion of the Macedon Town Board, WMNY has demonstrated, through its longstanding presence in the Macedon/Perinton community that it is capable to own and operate a project of this size and scope, and
WHEREAS, in the opinion of the Macedon Town Board, approval and issuance of this Special Use Permit is in the best long term interest of the citizens in the Town of Macedon, and
WHEREAS, Section 110-6b of the Macedon Town Code and other applicable provisions of the Code provides that a municipal solid waste landfill shall be permitted by the proposed site by a Special Use Permit approved by the Board.
NO. 16 PAGE 6
JULY 26, 2007
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF MACEDON AS FOLLOWS:
1. In accordance with the attached Findings Statements, which is incorporated herein by reference, the Town of Macedon Town Board in accordance with SEQRA requirements including 6 N.Y.C.R.R. Section 617.11(b) that the attached findings be adopted in all respects including based on the conditions and requirements as set forth therein; and
2. Based upon the foregoing, the Macedon Town Board hereby issues the Special Use Permit subject to the following conditions:
a. The Special Use Permit be for a five year
term, unless sooner terminated by reason of transfer of the ownership or
activities, ending December 31, 2011, prior to which time WMNY must reapply for
another 5 year SUP.
b. The Applicant shall obtain all required
approvals from outside agencies, including but not limited to a Part 360 Solid
Waste Operating Permit, an Article 24 Freshwater Wetland Permit, a Title V Air
Permit, and a 401 Water Quality Certification from the NYSDEC, which are
necessary to operate the Solid Waste Landfill within the Town of Macedon, prior
to commencing construction and operation.
c. WMNY shall pay all application fees relative
to the Special Use Permit issuance, and also finalize all payments to cover the
costs of the Town’s outside engineering and legal consultants for monies due
above and beyond the initial $30,000.00 paid at the time of application, file a
signed host community agreement in the form agreed to and approved by the Town
and WMNY on July 26, 2007 and pay the first year minimum royalty in the amount
of $1,000,000 and first year payment in lieu of recycling in the amount of
$150,000 as provided in the HCA, and.
d. All Special Use Permit operating conditions
for operation of the property shall be as spelled out in the adopted Host
Community Agreement and the Findings as adopted by the Town Board on July 26,
2007. The approved current Host
Community Agreement shall be considered part of the Special Use Permit
approval, and shall be attached to any issued Special Use Permit.
e. The Town of Macedon shall be allowed
reasonable access to the High Acres property to perform periodic inspections to
ensure conformance with the terms and conditions of this permit.
f. WMNY agrees to work cooperatively with the
Town of Macedon in the future to implement new and innovative technologies and
planning for the long term use of the landfill property, including methane
power production, varying landscape cover treatments, and beneficial community
uses of the property.
g. The permit and the activities authorized
therein or ownership of the landfill, may not be transferred, directly or
indirectly, to any other person or entity.
Notwithstanding the provisions of paragraph 1 above, this permit shall
expire upon the transfer of ownership of the landfill or any operations thereon
or any operations authorized by this permit to any person or entity other than
WMNY.
DECISION
This resolution shall be filed and/or published to the extent required by the applicable provisions of the Zoning Code of the Town of Macedon, and the SEQRA regulations.
MOTION BY MCEWEN, SECONDED BY NAWROCKI
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
JULY 26, 2007
Town of Macedon Town Board
Waste Management of New York, LLC
High Acres Landfill and Recycling Center
Parkway Expansion Phase III and Vertical Expansion
DETERMINATION
AND FINDINGS OF THE TOWN OF MACEDON PURSUANT TO THE TOWN OF MACEDON CODE AND SEQRA FOR THE WASTE MANAGEMENT OF NEW
YORK, LLC HIGH ACRES LANDFILL & RECYCLING CENTER (HALRC) FACILITY
APPLICATION FOR A SPECIAL USE PERMIT TO EXPAND THE EXISTING LANDFILL.
WHEREAS, Waste Management of New York, L.L.C. (WMNY) owns
properties within the Town of Macedon (hereinafter “Macedon”) bounded by the
Wayne/Monroe County Line on the west, Quaker Road on the north, Wayneport Road
on the east, and the Erie Canal/CSX railroad on the south, totaling
approximately 138.5 acres which it proposes to use to expand its existing
landfill operations, and
WHEREAS, WMNY owns an additional 33 acres of undeveloped land in Macedon which WMNY
proposes to utilize for support operations such as roadways, berms and
sedimentation basins. WMNY will not be
altering in any fashion the nature of the waste stream which it accepts at the
landfill, nor does it propose to increase the amount of waste taken in, but
only seeks to expand the capacity of the landfill, and
WHEREAS, WMNY has applied to Macedon for a Special Use Permit (“SUP”), which would permit the
expansion of the High Acres Landfill and Recycling Center (HALRC) within the properties
described above within the Town of Macedon (the “Project”), and
WHEREAS, the proposed expansion of the HALRC is partially
within the Town of Perinton in Monroe County, and partially within the Town of
Macedon in Wayne County (hereinafter the proposed landfill expansion
encompassing both the Towns of Macedon and Perinton shall be referred to
collectively as the “Proposed Landfill Site”), and
WHEREAS, the New York State Environmental Quality Review
Act (“SEQRA”) process for the Proposed
Landfill Site was formally initiated on May 26, 2005 with WMNY’s submission to
the New York State Department of Environmental Conservation (“NYSDEC”) a Part
360 permit application as well as an application including an Article 24 Fresh
Water Wetlands Permit and a Section 401 Water Quality certification application
for a solid waste management facility permit as well as submitting a Long
Environmental Assessment Form (“LEAF”) and supplemental narrative, and
WHEREAS, the NYSDEC declared itself as lead agency on July
5, 2005, and in accordance with SEQRA notified other
involved agencies including Macedon and the Town of Perinton and, in accordance with SEQRA
procedure, none of the involved agencies objected to NYSDEC acting as lead
agency or each other involved agency consented to NYSDEC acting as lead agency,
and
WHEREAS, NYSDEC as lead agency issued a positive
declaration on August 17, 2005 requiring the preparation of a draft
supplemental environmental impact statement
(“DSEIS”) for the Proposed Landfill Site, and NYSDEC noticed a public
scoping meeting which was held on September 7, 2005, and
JULY 26, 2007
WHEREAS, subsequent to holding the public scoping meeting
on September 7, 2005, WMNY submitted a revised application to NYSDEC dated
November 16, 2005. The revised
application included the expansion referenced above, including the vertical
expansion as part of the Proposed Landfill Site. As a result, the NYSDEC scheduled an additional public scoping
meeting which was held on January 5, 2006, and
WHEREAS, based on the issues and concerns raised during the
September 7, 2005 public scoping meeting in which various comments were
received, a draft scope for the DSEIS was prepared and distributed by the
NYSDEC on December 6, 2005. Following
the January 5, 2006 public scoping meeting and additional
comment, a final scope for the DSEIS was prepared and distributed by NYSDEC on
February 16, 2006, and
WHEREAS, the DSEIS was submitted to NYSDEC as lead agency
on April 24, 2006 and NYSDEC reviewed the DSEIS and deemed it complete on
October 11, 2006. Following the
completeness determination by the NYSDEC the DSEIS was made available for
public review and comment beginning October 11, 2006 through November 27,
2006. In addition, a public hearing was
held on November 9, 2006 to receive comments on the DSEIS, and WMNY also held
various public information sessions over the time period that began with the
formal initiation of the SEQRA process in May of 2005, and
WHEREAS, upon closure of the public comment period, as
referenced previously, a FSEIS was
prepared and submitted to the NYSDEC which incorporated revisions to the DSEIS
the comments to the DSEIS and responses to same including comments received
from the public and agencies, and
WHEREAS, the NYSDEC as referenced previously, conducted a comprehensive and thorough SEQRA
review process together with each of the involved agencies including Macedon
for the Applicant’s request for full build out of the Proposed Landfill Site,
including that portion of the expanded landfill which is to be located in the
Town of Macedon, and
WHEREAS, the NYSDEC issued its findings pursuant to the
Proposed Landfill Site on May 18, 2007 determining that each of the
environmental impacts identified relative to the Proposed Landfill Site have
been mitigated to the extent possible, and certifying in accordance with SEQRA
regulations that consistent with the social, economic and other essential
considerations from among the reasonable alternatives available, the action
(the Proposed Landfill Site) was one which avoids or minimizes adverse
environmental impacts to the maximum extent practical, and that adverse
environmental impacts will be minimized to the maximum extent possible by
incorporating as conditions to the decision those mitigative measures which
were identified as practicable, and
WHEREAS, the Project constitutes an extension of the
lifespan of the existing High Acres Landfill facility, but does not constitute
any change in daily operations, including tonnage accepted per day, hours of
operation or other operational factors, and
WHEREAS, the Macedon Town Board retained the engineering
firm of Clough Harbour Associates, L.L.C., for the purposes of conducting a
third party independent engineering review of the Proposed Landfill Site
including the Project, and
WHEREAS, Clough Harbour Associates has reported back to the
Town Board via a July 26, 2007 letter report that the proposed landfill
expansion has been engineered in accordance with appropriate design standards,
and
NO. 16 PAGE 9
JULY 26, 2007
WHEREAS, the Macedon Town Planning Board did perform an
advisory review of the proposed revised Special Use Permit application dated
February 1, 2007 by Town Planning Board resolution passed on July 23, 2007, and
the Town Planning Board offered a positive referral to the Town Board, and recommended the issuance of the special
use permit with the recommendation that certain landscaping or similar
improvements be added or maintained to
a drumlin located in proximity to
Wayneport Road, and
WHEREAS, the Wayne County Planning Board did review the
proposed Special Use Permit application on July 25, 2007, and offered its
referral to the Town Board relative to issuance of the special use permit by letter dated July 26,
2007 and recommended the issuance of
such special permit upon the inclusion of certain conditions, including
that the royalty payments to be made as proposed by the Host Community
Agreement be used to address any impacts to local roads etc. from the Project,
that truck traffic associated with the Project be routed away from residential
areas, that appropriate screening etc. be implemented to avoid visual impacts
to the Erie Canal, and further the Wayne County Planning Board stated that it
supports strategies such as the use of alternative fuel trucks to service the
Project and the use of methane gas at the landfill to expand power generation
capabilities instead of flaring, and
WHEREAS, the Macedon Town Board, did publish notice of a
public hearing and held a public hearing on July 26, 2007 to solicit any public
comment relative to the Special Use Permit application, and
WHEREAS, the Town of Macedon hereby adopts the SEQRA
findings made by the NYSDEC incorporating the same in its resolution dated July
26, 2007. Further, as an involved
agency, and pursuant to its authority to issue or deny the SUP, the Macedon
Town Board has made its own independent review of the application including the
Project as it is seeking a SUP, and in accordance with SEQRA regulations and
specifically Title 6 N.Y.C.R.R Section 617.11(c) and hereby issues its findings
as required and finds: (A) that the
proceedings undertaken by the NYSDEC as Lead Agency under SEQRA with respect to
the Project satisfy the requirements of SEQRA; and (B) that such proceedings by the Lead Agency are
hereby ratified; and (C) independently finds based upon the Town Board’s review
of applicable documentation including but not limited to the application
submitted by WMNY for a special use permit the DSEIS and the FSEIS that each of
the provisions of SEQRA that are required to be complied with as a condition
precedent to the approval of the Application for SUP with respect to the
Project have been satisfied; and including incorporating by reference the
NYSDEC State Environmental Quality Review Act Findings Statement with respect
to the Project dated May 18, 2007, and
WHEREAS, the Macedon Town Board has negotiated and adopted
a Host Community Agreement (HCA) on July 26, 2007, and
WHEREAS, in the opinion of the Macedon Town Board, WMNY has
demonstrated, through its long standing presence in the Macedon/Perinton
community, that is has the capability to own and operate a project of this size
and scope, and
WHEREAS, in the opinion of the Macedon Town Board, approval
and issuance of this Special Use Permit is in the best long term interest of
the citizens of the Town of Macedon, and
WHEREAS, Section 110-6b of the Macedon Town Code provides
that a municipal solid waste landfill shall be permitted at the proposed site
by Special Use Permit approved by the Town Board.
NO. 16 PAGE 10
JULY 26, 2007
NOW THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN
OF MACEDON AS FOLLOWS:
Section 1. Description
of Action. Based upon a review of
the Application, the DSEIS, the FSEIS, consideration of comments provided at
the various hearings and meetings described above, and the NYSDEC’s SEQRA
Findings determining that the Project minimizes or avoids adverse environmental
effects to the maximum extent practicable, the Town Board hereby adopts the
following Findings statement as part of this resolution:
Waste Management of New York LLC proposes a lateral and
vertical expansion of the existing permitted western expansion landfill (“WEX”)
and Parkway Expansion Phase I and II and to the landfill. The proposed expansion includes a vertical
expansion over a 7.4 acre overliner over the northeast corner of the existing
closed landfill and approximately 90 acres over the existing permitted
landfill. The vertical expansion is
anticipated to be approximately 100 feet above the existing, permitted
landfill. The proposed lateral
expansion includes 144.3 acres of new and closed landfill operations in the
Town of Macedon (138.5 acres) and the Town of Perinton (5.8 acres) and an
additional 33. acres of undeveloped land located in the Town of Macedon to be
utilized by WMNY for support operations (i.e., roadways, berms, sedimentation
bases), with the portion of the Proposed Landfill Site located in the Town of
Macedon being referred to herein as the Project. The proposed expansion will extend the life of the landfill an
additional 43.3 years. The expansion
will not involve any changes in the operations of the facility or the approved
annual average of 3,500 tons per day design capacity. A double composite liner system and primary and secondary
leachate collection systems will be utilized in the design of the landfill
expansion. The Proposed Landfill Site
also involves mitigation for fill of approximately 9.43 acres (including Phase
II) of federally regulated wetland.
Mitigation will include creation of additional wetland areas and
enhancement to provide habitat diversity.
Section 2. Facts
and Conclusions Relied Upon to Support the Town of Macedon’s Decision. The Town has reviewed the Standards for
Issuance of Special Use Permits contained at Section 135.182.2 of the Macedon
Town Code and other applicable provisions (the “ordinance”) and the Town and
makes the following findings addressing the following factors considered by the
Town Board or as enumerated in the Ordinance as well as the facts summarized
below:
The Town has reviewed the draft and final supplemental
environmental impact statements and other documents associated with the
environmental reviews for the proposed landfill site, as well as WMNY’s revised
special use permit application, WMNY’s submission of updated qualifications and
experience in landfill operations, as well as referenced, the Findings issued
by the NYSDEC on May 18, 2007 which it incorporates herein by reference.
Section 3. Findings
Based Upon Applicable Law Including the Town of Macedon Ordinance Provisions
For Issuance of a Special Use Permit.
Ordinance Section 135.182.2 A: ANY APPLICATION FOR A SOLID WASTE LANDFILL SHALL BE
CONSIDERED A "TYPE I" ACTION, PURSUANT TO THE SEQRA REVIEW PROCESS,
PURSUANT TO 6 NYCRR PARTS 617.4 (A) (1).
NO. 16 PAGE 11
JULY 26, 2007
FINDING: As set
forth in section 1 above, the Town of Macedon participated as an involved agency in the review of the
Project (for purposes of the issuance of various New York State permits
including Part-360 permits and other necessary permits to be issued by the State)
as it was encompassed in the Proposed Landfill Site, and as such the Project
has been determined by the NYSDEC as well as the Town of Macedon to be a Type 1
action and such action was subject to the referenced environmental review which
included the participation of the Town of Macedon as was subject to the Town of
Macedon’s review pursuant to the issuance of these Findings.
Ordinance Section 135.182.2 B: THE APPLICANT SHALL SUBMIT A WRITTEN STATEMENT WHICH SETS
FORTH THE DETAILS OF THE OPERATION OF THE PROPOSED USE, INCLUDING THE
APPLICANT'S QUALIFICATIONS AND EXPERIENCE IN OPERATING A SOLID WASTE LANDFILL.
FINDING: Found
based on the application for this special use permit and the DSEIS, FSEIS and
WMNY’s experience and qualifications in operating a solid waste landfill are
demonstrated by Exhibit
XXVI submitted at the SUP hearing held on July 26, 2007 being an update of the
qualifications of WMNY, a copy of Waste Management, Inc. 2006 Annual Report and SEC
10-k filed for the year 2006, and which indicate the corporate financial
information that WMNY has adequately demonstrated that it has the requisite
experience and competence to operate the Project. In addition, the operations of the Project are regulated by the
Department under 6 NYCRR Part 360-2.16 and 6 NYCRR Part 201. The special use permit issued on this
application shall be conditioned on WMNY receiving the necessary permits, thereby establishing operation, maintenance,
monitoring and reporting requirements.
The Town is satisfied that this requirement has been met.
Ordinance Section 135.182.2 C: THE SPECIAL USE
PERMIT TERM FOR A SOLID WASTE LANDFILL SHALL BE FIVE YEARS, AFTER WHICH THE
PERMIT SHALL BE CONSIDERED FOR RENEWAL BY THE TOWN BOARD, FOR SUBSEQUENT TERMS
OF FIVE YEARS.
FINDING: Found
based on understanding and consent of WMNY set forth at page 8 of the SUP
application paragraph titled "Special Use Permit Term" as amended at the hearing on
the SUP on July 26, 2007. The special use
permit sought by WMNY pursuant to this application shall be issued for a period
not to exceed five years.
Ordinance Section 135.182.2 D: IN MAKING ITS
DECISION TO GRANT A SPECIAL USE PERMIT FOR A SOLID WASTE LANDFILL, THE TOWN
BOARD SHALL THOROUGHLY INVESTIGATE AND CONSIDER ALL IMPACTS RELATIVE TO THE
OPERATION OF A SOLID WASTE LANDFILL, INCLUDING, BUT NOT LIMITED TO, TRAFFIC
GENERATION VERSUS EXISTING LEVELS, TRAFFIC PATTERNS AND PROPERTY VALUES.
FINDING: See
Environmental Findings below.
Ordinance Section 135.182.2 E: SOLID WASTE
LANDFILLS MUST PROVIDE A COMPREHENSIVE, GUARANTEED PROPERTY VALUE PROTECTION
PROGRAM FOR ALL EXISTING PROPERTIES WITHIN 1/2 MILE OF THE FACILITY WITHIN THE
TOWN OF MACEDON AT THE TIME OF THE INITIAL SPECIAL USE PERMIT APPROVAL, IN A
MANNER SATISFACTORY TO THE TOWN BOARD.
NO. 16 PAGE 12
JULY 26, 2007
Ordinance Section 135.182.2 F: SOLID WASTE
LANDFILLS MUST PROVIDE THE TOWN OF MACEDON A HOST COMMUNITY AGREEMENT, TO BE
NEGOTIATED BY THE TOWN BOARD, WHICH WILL ADEQUATELY COMPENSATE THE CITIZENS OF
THE TOWN OF MACEDON FOR PERMITTING SUCH USE TO EXIST.
FINDING FOR 135.182.2.E AND 2.F: Found based on Host Community Agreement with Property Protection
Plan annexed hereto as an exhibit which
are incorporated herein by reference that this criteria has been
satisfied. The special use permit to be
issued based on this application shall be conditioned on the execution and
continuation without default of the Host Community Agreement with Property Protection
Plan and that language of each as annexed hereto meets each of the applicable
requirements under the Macedon Town Code, as the Host Community Agreement which
includes a provision of among other requirements, insurance and royalty
payments to the Town of Macedon. Thus
the Town finds that the Host Community Agreement adequately compensates the
citizens of the Town of Macedon for permitting the use contemplated by the
Project to exist. Further, the Town
Board finds that the Property Protection Plan which includes guaranteed
property value protection for existing properties within a ½ half mile radius
of the Project is satisfactory to the Town Board.
Ordinance Section 135.182.2 G: TO ENSURE THAT
THE FACILITY REMAINS UNDER THE CONTROL OF A COMPETENT OPERATOR/OWNER, ANY
CHANGE IN OWNERSHIP OR OPERATOR OF THE SOLID WASTE DISPOSAL FACILITY REQUIRES
THE NEW OWNER TO APPLY FOR, AND RECEIVE, A NEW SPECIAL USE PERMIT FROM THE TOWN
BOARD, PRIOR TO ANY SUCH CHANGE OCCURRING.
FINDING: Found
based on understanding and specific consent of WMNY as set forth at page 8 of
the SUP application,
as amended at the SUP hearing on July 26, 2007 with the consent of WMNY, paragraph titled "Change in
Ownership/Operator". Thus, the special use permit to be issued shall not
be transferred to any other person or entity in accordance with the referenced
requirements.
Ordinance Section 135.182.2 H: THE TOWN BOARD
SHALL REQUIRE ADEQUATE FINANCIAL SECURITY FROM THE OWNER OF THE FACILITY TO
GUARANTEE APPROPRIATE FINAL CLOSURE OF THE FACILITY TO NYSDEC STANDARDS AT NO
EXPENSE TO THE TOWN OF MACEDON.
Ordinance Section 135.182.2 I: THE TOWN BOARD
SHALL REQUIRE ADEQUATE FINANCIAL SECURITY FROM THE OWNER OF THE FACILITY TO
GUARANTEE THAT THE APPROPRIATE LONG-TERM MONITORING AND MAINTENANCE OF THE
FACILITY WILL OCCUR FOLLOWING FINAL CLOSURE, FOR A PERIOD OF NOT LESS THAN THE
MANDATED LONG-TERM MONITORING TIMEFRAME REQUIRED BY THE NYSDEC, OR 50 YEARS,
WHICHEVER IS GREATER, AT NO EXPENSE TO THE TOWN OF MACEDON.
NO. 16 PAGE 13
JULY 26, 2007
FINDINGS FOR 135.182.2 H and I: Found as required by the 360 permit (Subpart 360-2.19). The Town Board has reviewed the application
in this regard and is satisfied that based on WMNY’s meeting of the financial
assurance criteria as set forth in the referenced application that the Town of
Macedon’s requirement that adequate financial security be provided to guarantee
appropriate final closure and to undertake long term monitoring has been met by
WMNY. It should be noted that the long term monitoring and maintenance
requirements set forth in Section 135.182.2 of the Ordinance states that such
monitoring etc shall be undertaken for a period of 50 years, but this is a
typographical error
which the Town has not yet corrected; as such, the period required by statute is actually 30
years to conform to
the requirements of New York State, and WMNY has committed to undertake such measures for 30
years in the HCA attached hereto and incorporated by reference. Any special use permit based on this application
shall be conditioned upon WMNY obtaining a part 360 permit complying with
360-2.19.
Ordinance Section 135.182.2 J: THE TOWN BOARD SHALL REQUIRE SUBSTANTIAL LANDSCAPING AND
BUFFERING TO MITIGATE VISUAL IMPACTS OF THE FACILITY.
Ordinance Section 135.182.2 K: THE TOWN BOARD SHALL CONSIDER ALL SITE DESIGN
CONSIDERATIONS ( i.e. SIZE,
HEIGHT, LOCATION, SETBACKS, ETC) ON A SITE SPECIFIC BASIS, CONSIDERING LOCAL
CONDITIONS, IMPACT ON RESIDENTS AND ALL OTHER RELEVANT FACTORS.
Ordinance Section 135.182.2 L: SOLID WASTE
LANDFILLS SHALL NOT BE SUBJECT, IN ANY WAY, TO THE REQUIREMENTS OF TOWN ZONING
LAW § 135-187.
Ordinance Section 135.182.2 M: THE TOWN BOARD SHALL IMPOSE ANY CONDITIONS AND TAKE ANY
ACTIONS IT DEEMS NECESSARY TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE.
FINDINGS FOR Ordinance Section 135.182.2 J, K, L and M.
1. The
siting of such a facility does not pose a hazard to the health, safety and
general welfare of the community.
The Town has determined that the siting of the Project will not pose a
hazard to the health, safety and general welfare of the community. The Town’s
review of the Project’s potential effect on health, safety, and the general
welfare of the community included a review of the DSEIS, FSEIS and the NYSDEC
Findings. The Project is regulated by
and requires a solid waste management facility permit under 6 NYCRR Part
360-1.11a(1) (“Part 360 Permit”), which states that a permit issued pursuant to
this part “must assure, to the extent practicable, that the permitted activity will
pose no significant adverse impact on public health, safety or welfare, the
environmental or natural resources.”
Because the Project can only be undertaken in accordance with a Part 360
Permit, and because the special use
permit will be conditioned on the NYSDEC having issued its Part 360 Permit with
respect to the Project (as part of the Proposed Landfill Site) together with
the other permits and authorizations required as previously set forth, the Town
has determined based upon its careful review of those documents and the
particular potential impacts to the Town of Macedon, as well as based on the
Town Board’s review of the Planning Board’s recommendation and has considered
the Wayne County Planning Board’s recommendation that the Project will not pose
a hazard to the health, safety, and general welfare to the community.
NO. 16 PAGE 14
JULY 26, 2007
In addition, as part of the Host Community Agreement
negotiated and adopted by the Town of Macedon, WMNY shall provide a property
protection plan guaranteeing property value protection to nearby property.
2. Project Need: The need for the proposed landfill expansion
is set forth in the FSEIS. The purpose of the project is to extend the site
life of the High Acres Landfill and Recycling Center to ensure an economically
and environmentally sound waste disposal option for residents of New York
State.
3. Traffic: WMNY has shown in the Traffic Impact Study
which is included in Appendix 20 of the FSEIS, and the NYSDEC has accepted,
that WMNY will continue to accept an average of 3,500 tons of solid waste per
day based on an annual average, consistent with the current approved design
capacity. With the phase III lateral and vertical expansion, the permitted rates
of incoming waste will remain unchanged.
Landfill associated traffic throughout is consistent with ambient
traffic growth throughout the surrounding area. As detailed in the DSEIS and FSEIS, the Host Community Agreement
provides royalty payments which may be used to address impacts related to
traffic. Further, any truck traffic
related to the Project’s operations is limited to state roads in the Town of
Macedon; therefore there should be minimal
impact to Town and County roads.
4. Visual and Aesthetic Resources: Visual
evaluations, which include a viewshed analysis with and without vegetation (see
Figures 4.2.2 and 4.2.6, High Acres Landfill and Recycling Center Parkway Phase
III Expansion Final Supplemental Environmental Impact Statement, January, 2007)
and visual photo simulations were reviewed by the Board to evaluate the
potential visibility and visual impacts of the proposed Phase III lateral and
vertical expansion. A total of twenty (20) viewpoints considered sensitive to
visual impacts were chosen and evaluations completed in accordance with the
NYSDEC Program Policy on Assessing and Mitigating Visual Impacts. Six aesthetic
resources of statewide significance were found to be in the viewshed of the
Phase III and vertical expansion. Two of these resources can only be seen
without vegetation. All are already in the viewshed of the existing landfill;
therefore any increased visual impact from the Project and Proposed Landfill
Site is minimal.
A conceptual Interim Land Use Plan and a Conceptual
Post-Closure Use Plan have been developed to mitigate the visual impact of
Phase III and the vertical expansion. Final completion mitigation measures
include: rows and patches of shallow-rooted vegetation planted at selected
locations on the landfill cap to break up the mass and site lines of the
landfill; use of different seed mixtures to establish the final vegetative
cover on the finished landfill; sequential mowing to establish a variety of
vegetative growth; a buffer zone of vegetation along the Barge Canal and WMNY's
southern site perimeter will remain in place to lessen the visual impact of the
project to users of the Barge Canal and the adjacent bike path; the majority of
the existing drumlin on the southeastern portion of the project site will be preserved
by incorporating it into the landfill design; and a buffer zone of vegetation
will also be planted along Wayneport Road to lessen the visual impact of the
project. Operation impacts, defined as the view of an exposed working face
while cells are under construction, have been identified and adequately
addressed. These operational impacts are essentially short term and occur when
the landfill is at a lower elevation than the finished height.
NO. 16 PAGE 15
JULY 26, 2007
Further, the Board has considered the recommendation by the
Town Planning Board including that portion of the recommendation which
recommends that WMNY provide specific landscaping so as to mitigate future
impacts to the Wayneport Road and particularly the east slope of the drumlin
which faces Wayneport Road to insure that such landscaping is planted and
maintained so as to mitigate visual impacts from the Project.
A. Direct Wetland Impacts: The
proposed Phase III lateral and vertical expansion will result in the excavation
and subsequent filling of approximately 9.43 acres (including Phase II) of
federal jurisdictional wetlands. WMNY has proposed a compensatory mitigation
plan to replace the total acreage of disturbed wetlands at a ratio of 2:1 for a
total compensation of 20.34 acres. The Town Board finds that the compensatory
wetland mitigation proposed will offset the impacts to the wetland resources in
the expansion area and that the water quality of adjacent resources will be
protected.
B. Indirect Wetland
Impacts: WMNY has agreed that
specific mitigation measures will be used to minimize indirect impacts which include: phasing of
construction activities so that the amount of bare soil exposed at one time
will be minimized to the extent practicable; work should be done after the
spring wet season, but early enough in the growing season so that the
vegetation can become well established before winter; fill and spoil areas will
be selected to avoid excessive siltation, soils will be stockpiled in upland
areas outside any wetland and its buffer area and away from other surface
waters, and erosion control measures will be utilized to prevent erosion of the
stockpiled soil; earthworks will be periodically inspected to detect evidence
of erosion and sedimentation with corrective measures implemented as necessary;
installation of silt fencing, straw bales, stone check dams and other sediment
traps; installation of temporary sediment basins; diversion of off-site runoff
around the work zone with a stabilized ditch or berm; seeding and mulching
exposed soils immediately following final grading; and stabilization of
construction entrances. Each of these activities shall be undertaken in
accordance with the State Pollutant Discharge Elimination System (SPDES)
General Permit for Storm Water Discharges from Construction Activities
(GP-02-01) and the SPDES Multi-Sector General Permit for Storm Water Discharges
from Industrial Activities (GP-0-06-002).
Also WMNY maintains and implements a Storm Water Pollution Prevention
Plan (SWPPP). The existing SWPPP is
dated May 10, 2004 and is located in Appendix 19 of the FSEIS and in accordance
with the provisions set forth in the SWPPP, WMNY will continue to follow and
implement same to mitigate same to the
extent storm water is produced. (High
Acres Landfill & Recycling Center Parkway Phase III Expansion Final
Supplemental Environmental Impact Statement, Stantec, January 2007, Wetland
Impact Analysis Report for High Acres Landfill & Recycling Center, April
2006, Addendum to the Wetland Impact Analysis Report and Joint Application for
Permit for High Acres Landfill & Recycling Center, March 2007).
NO. 16 PAGE 16
JULY 26, 2007
6. Impacts on Sewer Use: WMNY currently discharges the primary and
secondary leachate collection systems of the existing landfill to a Monroe
County plant using WMNY's existing sanitary sewer connection. It is proposed to
continue discharging the leachate generated in the Town of Perinton in this
manner. WMNY intends to tie into the Macedon municipal sewer system in the
future and discharge the leachate from the primary and secondary leachate
collection systems in the portion of the landfill located in the Town of
Macedon to the Macedon sewer system. The Town of Macedon sewer system
discharges into the Village of Macedon Wastewater Treatment Plant, which has a
design capacity of 750,000 gallons per day (gpd) and a current daily flow of
300,000 gpd. The projected leachate flows from this portion of the expansion,
35,000 gpd, are not anticipated to have a significant impact on the Town's
contractual capacity at the treatment plant of 500,000 gpd. WMNY shall fund
improvements and upgrades to the existing Macedon sewer system (i.e. sanitary
forcemain, pump station) that will be necessary prior to the connection to the
system. Specifically, WMNY has
committed in the Host Community Agreement to contribute financially to those proposed
sewer upgrades to the extent that the Project impacts the Macedon sewer system
once the connection is made, including funding appropriate sewer upgrades as
necessary to accommodate the expansion and address impacts from same by agreeing to make the
payments required of WMNY to such districts or funds as may be directed by the
Town Board and to become part of any special improvement district required by
the Town.
7. Cultural
Resources: According to the NYS Archeological Site Map maintained by the
NYS Office of Parks, Recreation and Historic Preservation, the proposed
expansion is not in an archeologically sensitive area and there are no national
or state register sites or state historic sites adjacent to or in the vicinity
of the proposed expansion including the Project. Appropriate mitigation has been proposed for the Union Burying
Ground located in the northeast corner of the expansion area. In addition, WMNY
currently maintains the Union Burying Ground.
Additional provision has been made to visually screen the New York Barge
Canal from the expansion site as is set forth in the Conceptual Interim Use
Plan and Conceptual Post-Closure End Use Plan at Appendix 12 of the FSEIS.
8. Impact of Regional/Local Solid
Waste Management Plans: The use and
operation of the proposed expansion is consistent with the goals and operations
of the Western Finger Lakes Solid Waste Management Authority and does not
negatively impact on that authority's goals and objectives. See FSEIS, January
2007.
9. Noise: Noise impacts were evaluated in accordance with NYSDEC
Assessing and Mitigating Noise Impacts Policy and 6 NYCRR 360. The proposed
expansion will not change the current operating or construction procedures at
the facility. Two noise studies
conducted in 1999 demonstrate that the hourly sound levels associated with
operations at this facility fall within the requirements set forth in 6 NYCRR
360-1.14(p). These noise studies demonstrate that the ambient background noise
is greater than the Phase III expansion and within limits consistent with the
NYSDEC Assessing and Mitigating Noise Impacts Policy. In addition, WMNY has
agreed that mitigative measures will be used to minimize the impact of noise
levels related to the landfill. These include WMNY’s commitment to using
appropriate mufflers on vehicles, limiting construction activities to the
appropriate daytime operational hours, properly maintaining machinery,
controlling the speed at which delivery vehicles travel around the landfill,
and prohibiting the use of jake brakes on site. Berms shall be put in place on
all sides of the operating equipment associated with recycling activities.
Additionally, WMNY has retrofitted the landfill operating equipment with
"smart" back up alarms that automatically sense the surrounding noise
levels and adjust the output sound level of the warning device to 10 decibels
above the background conditions. WMNY has conducted and will continue to
conduct periodic noise monitoring at the facility. See FSEIS, January 2007.
NO. 16 PAGE 17
JULY 26, 2007
10. Odor Impacts: The FSEIS demonstrates that the project may
have some odor impact on the surrounding community; however, these impacts will be minimized by the WMNY’s use of
specified controls. WMNY maintains a
"3 strikes" policy for transfer trucks delivering sludge or wastes
with noticeable odors. See Operations and Maintenance Manual, Blasland, Bouck
& Lee, January, 2006). Odors will also be controlled through daily cover
applications over exposed solid waste prior to the end of the work day. This
will be augmented by the subsequent phased application of intermediate cover
and construction of the final cover system. There is a gas collection system to
collect gases resulting from the decomposition of waste. Leachate will
discharge into municipal sewer systems. There will be a vacuum on the leachate
lines prior to discharge to the public sewer because this leachate collection
system is influenced by the landfill gas collection system resulting in no
anticipated odors in the transmission manholes. WMNY routinely patrols the
perimeter of the site to evaluate the presence and level of noticeable odors.
WMNY Operations and Maintenance Manual was submitted as part of the Part 360
Solid Waste Management Facility Permit. Because the waste acceptance rate will
not increase with this expansion and several mitigative practices are already
in place, no significant change in odor impacts from the current operations is
anticipated.
11. Vector Control: To minimize
the likelihood of nuisance wildlife problems, WMNY has developed a
comprehensive vector control plan (FSEIS appendix 27). Because the waste
acceptance rate will not increase with this expansion and several mitigative
practices are already in place, no significant change in vector control impacts
from the current operations are anticipated and WMNY will continue to follow
and implement the Vector control plan in place.
12. Air Quality: The current operation has been
identified as a major source for emissions of carbon monoxide (CO) and nitrogen
oxides (NOx) and is considered a major source under Prevention of Significant
Deterioration (PSD) and New Source Review (NSR). A PSD permit application will
be applied for along with the Title V permit modification required for this
expansion and must be obtained prior to construction of the landfill expansion.
NYSDEC has allowed the Title V Permit modification and federal PSD permit to be
applied for after the solid waste and wetland permit applications to allow time
for emissions data collection from the recently installed combustion engines
which will be used to combust gas from the existing landfill. The types of
engines installed are relatively new and collecting emissions data from them
prior to making applications for federal and state air permits will allow for
more accurate modeling of the emissions related to the expansion. Since
construction of the expansion is planned for some years out, it would be
difficult to create models now that would accurately reflect conditions at the
time. Supplemental Information, likely in the form of a supplemental EIS will
be required to be submitted with the Air Title V permit modification because
the PSD will be triggered by the expansion. The facility will be subject to the
Reasonable Available Control Technology (RACT) requirements of 6 NYCRR 227. A
RACT plan detailing compliance with Part 227 has been prepared for the existing
facility and will be updated and maintained at the site. No landfill
construction related to the expansion will be commenced prior to issuance of
all required federal PSD and State Title V permits for air emissions. Planned
measures for mitigating the potential impacts on air quality are shown in the
engineering drawings for the project. Supplemental information regarding air
emissions and air quality will be provided during the review of the Title V
permit modification. See FSEIS.
NO. 16 PAGE 18
JULY 26, 2007
13. Stormwater Management: The current operation at the landfill
working faces is conducted in a manner which limits stormwater runoff and will
continue through the expansion. These includes maintaining the working face so
as to control waste placement and limit
stormwater runoff, sloping working faces inward, swales, and the leachate collection
system. Stormwater controls outside the working face will consist of perimeter
drainage ditches, culverts, and sedimentation basins. Both temporary and
permanent drainage features have been designed in accordance with the
procedures outlined in "New York Guidelines for Urban Erosion and Sediment
Control". Drainage calculations associated with the Phase III and vertical
expansions are provided in Appendix E of the January 2006 Blasland Bouck &
Lee, Inc. Engineering Report that was submitted in further support of the DSEIS
and FSEIS. WMNY is required to comply
with the State Pollutant Discharge Elimination System (SPDES) Multi-Sector
General Permit for Storm Water Discharges from Industrial Activities (GP-02-01)
and maintains and implements a Storm Water Pollution Prevention Plan (SWPPP).
The existing SWPPP is dated May 10, 2004 and is located in Appendix 19 of the
FSEIS. As a result, stormwater impacts are effectively mitigated by the
stormwater management practices proposed for the Phase III expansion.
14. Impact on Rare, Threatened or
Endangered Species: Based on information provided by the U.S. Fish and
Wildlife Service and NY Natural Heritage Program, no rare, threatened or
endangered species of wildlife permanently reside within the proposed Phase III
expansion. Appropriate construction
industry practices will be implemented to minimize impacts to bird species
during wetland mitigation including that any construction measures for
implementation of the wetland mitigation do no take place during the active
breeding season for the threatened species identified. There will be no unavoidable adverse effects
to rare, threatened or endangered species as a result of the expansion.
15. Irreversible and Irretrievable
Commitment of Resources: The DSEIS
and the FSEIS demonstrate that the expansion will have minor impacts and the
proposed compensatory mitigation plan will adequately mitigate any significant
irreversible and irretrievable commitment of resources. Although the expansion
area will be converted to use as a landfill, the area is already used by WMNY
for wood chipping and composting operations and by a local farmer for growing
crops. Conceptual use plans have been included in the FSEIS. Ten years prior to
the closure of the facility, WMNY will encourage pubic input from the community
for end use of the site discussed in the FSEIS.
16. WMNY has provided the Town Board and
Planning Board with a landscaping plan to minimize visual impacts and to screen
the landfill operations. The Town Board
finds that the landscaping plan provided as well as the other mitigation
measures to be implemented by WMNY adequately address any concerns regarding
impacts to view sheds and aesthetic resources.
NO. 16 PAGE 19
JULY 26, 2007
17. WMNY will continue to conduct
groundwater and surface water monitoring and continue to submit monitoring
results to the NYSDEC on a quarterly basis.
Residential water wells will continue to be tested by the Town. The Project, according to NYSDEC Findings,
is designed to protect groundwater quality by utilizing a double composite
liner system, leachate collection and storage systems, surface water drainage
and landfill gas collection, environmental monitoring, leading the NYSDEC to
conclude in its findings that no adverse impacts to groundwater quality or
quantity are expected to result from the Project. Thus, based on the foregoing documents as well as in
consideration of the NYSDEC Findings and the Board’s own review of the application
materials and the DSEIS and FSEIS, the Board finds that the previously
referenced facilities are adequately designed to protect impacts to ground
water. As a
result, the Board
finds that adverse impacts to ground water quality or quantity are not expected
to result from the Project and the Board takes into consideration in this
regard the Findings made by the NYSDEC concerning such impact.
18. WMNY has modified and improved its
landfill gas collection system as described in the FSEIS and DSEIS and WMNY
will continue to utilize its odor complaint program. As described in the NYSDEC Findings and in the FSEIS, state of
the art landfill design features, utilization of landfill gas collection and
control systems and monitoring program minimizes the potential for off-site gas
migration. The NYSDEC Findings
determine that continued operation of the landfill gas control system will
minimize odor impacts, along with application of daily cover materials. The Board finds that based on its evaluation
of the FSEIS and DSEIS and based on its view of the NYSDEC Findings that the
landfill gas control system will minimize or mitigate such odor impacts
together with the application of the materials.
19. The establishment of such a
facility is consistent with the requirements of Title 6 of the official
Compilation of Codes, Rules and Regulations of the State of New York, Part 360. Construction of the expansion is conditional
upon the NYSDEC issuing its Part 360 Permit.
Upon the issuance of such permit, the NYSDEC will have determined that
construction and operation of the Project is consistent with a 6 NYCRR Part
360. The Board finds that in addition
to its own evaluation of the FSEIS and DSEIS as well as the materials submitted
by WMNY in support of the SUP application that the issuance of the Part 360
Permit will further demonstrate that the Project will meet applicable
requirements.
20. The landfill facility is on a
site of sufficient size so that adequate buffers can be established to protect nearby
lands. The Site Plan Drawings show the current property boundary of the
Project and adjacent properties owned by WMNY in Macedon. The Project area consists of 138.5 acres of
landfill operations with an additional 33 acres of undeveloped land utilized
for support operations such as roadways, berms and sedimentation basins. Based
on the amount of property owned by WMNY and the proximity of nearby lands to
the Project lands (which is not associated with the Project) the Board finds
that there is sufficient acreage to incorporate adequate buffers to protect
such nearby lands.
21. The
site has access to a state highway. Site
Plan Drawings show that the site has access to State Route 31F. New York State Highways connect this site
to all probable routes of travel. In the Host Community Agreement, WMNY has
agreed to limit traffic to state highways.
NO. 16 PAGE 20
JULY 26, 2007
22. The facility recaptures methane
gas for beneficial re-use or will provide a mechanism to re-capture such gas
and establish a time frame acceptable to the Town Board to implement the re-use
of such methane gas. As is set
forth above, the Project is designed and will be operated to capture landfill
gas. The Board finds that WMNY’s proposal
to operate and capture landfill gas is acceptable and the timeframe proposed is
appropriate.
23. A management plan to control
nuisances created by the facility, is established which includes, but is not
limited to, mitigation for: increase in
noise, noxious odors, windblown debris, air-borne sediments/dust, increases in
truck traffic, and vector nuisances.
Based on a review of the DSEIS, FSEIS, the NYSDEC Findings, and based on
the Board’s independent review of the proposed Project, the Board has
determined that management plans to control noise, odors, windblown debris,
air-borne sediments/dust and vector nuisances are adequate to control or
mitigate such noise, odors, debris and/or sediments/dust and vector nuisances.
Noise impacts are found within the FSEIS and DSEIS. That study concluded that
sound levels related to the Project will be below state regulatory limits. To mitigate noise impacts, WMNY will install
and maintain mufflers on its equipment, “smart” backup alarms will be utilized,
“Jake” brakes will not be permitted, and Project operating hours will be
restricted. The Town Board finds based
on the FSEIS and DSEIS that the measures to address noise impacts will
adequately mitigate and control potential noise impacts. Based on its review of
the DSEIS and the NYSDEC Findings, the Boards finds that off-site landfill gas
migration and Project related air emissions and odors will be mitigated by WMNY
compliance with NYSDEC regulatory requirements for limiting air emissions from
the landfill. Further, the Board finds
that based on the DSEIS which provides that WMNY will continue to employ
Standard Operating Procedures to address impacts from odorous waste including
utilization of daily covers consisting of synthetic materials and soil and
prohibition on disposal of sludge and other odorous materials during certain
times of the day that such impacts will be adequately mitigated. Further, the
Board finds that because the NYSDEC employs an on-site Environmental Monitor
who routinely checks for odor problems, based on WMNY’s Standard Operating
Procedures as described in the DSEIS and the FSEIS, and based on NYSDEC
Findings related to odor issues, the Town Board concludes that odor management
plans related to the Project will adequately mitigate and control odor
issues.
The DSEIS recognizes that dust may be generated from
Project-related activities. The DSEIS
also lists management practices that will mitigate dust impacts including
practices related to seeding of barren soils sites, re-vegetation initiatives,
stabilization of Project area access points, paving and or graveling of access
roads and roadways, and watering of on-site roads. Based on the referenced practices and in consideration of the NYSDEC
Findings, the Town Board is satisfied that these management practices will
adequately control dust related issues.
As described in the DSEIS and
FSEIS, WMNY will employ permanent and portable litter fencing to control
windblown litter. The DSEIS states that
WMNY will restrict active working areas and rapidly place cover material to
minimize windblow debris issues.
Routine Project operations involve the picking up of debris. The Town Board is satisfied that use of
these windblown debris management practices will adequately address windblown
debris issues.
JULY 26, 2007
As described in Item (1), above, no significant or adverse
impacts related to truck traffic are expected. The DSEIS and FSEIS indicates
that the number of hauling trucks utilizing the Project is not expected to
increase in relation to the number of hauling trucks that currently operate at
the High Acres Landfill. Based on WMNY
truck related management policies and on the DSEIS and FSEIS, the Town
concludes that no significant or adverse impact to vehicle traffic on or around
the Project site is expected.
Compliance with the Part 360
Permit will require WMNY to prepare and implement a vector control
program. As described in the FSEIS and
DSEIS, WMNY has developed a vector control program for gulls and will utilize
daily soil cover, foams, and tarps and other materials to limit food sources
for gulls. Further, WMNY will confine the open working face of the Project as
well as continue to implement its
windblown debris program, and manage vegetation to make the Project
habitat less attractive as gull roosting areas. The DSEIS and FSEIS responds to vector issues by reiterating that
WMNY employs daily cover, limits the working area of the Project, minimizes
blowing refuse which is an attractant for vectors, and employs vegetation
management to make habitat unattractive for gulls and other roosting
birds. Based on the DSEIS and FSEIS,
the Town Board finds that the vector control impacts as identified have been
adequately addressed by WMNY.
24. Visual
impacts associated with the proposed facility will be evaluated by a visual
impact assessment utilizing visual simulations and proposed mitigation measures
including but not limited to the planting of vegetated screens on the premises,
as well as vegetative line of site interferences off the premises (with
permission of land owners) are provided. Such vegetative screens shall be
maintained as required by the landscaping sections of this chapter. The FSEIS thoroughly evaluates potential
visual resource impacts. The DSEIS
contains results of a visual impact analysis including visual simulations. In its NYSDEC Findings, the NYSDEC concluded
that while the Project will permanently alter the topography of the site, the
Project would result in an incremental increase in aesthetic impact when
compared to the currently permitted landfill facilities. As described in the DSEIS, FSEIS, and NYSDEC
Findings, landscaping plans have been developed that involve use of trees,
shrubs and various plant screening vegetation techniques. Public comments contained in the FSEIS
focused on the Project’s effect on the viewshed. Based on a review of the DSEIS, FSEIS, and NYSDEC Findings, as
well as the Town Planning Board’s recommendation regarding views from Wayneport
Road, the Town Board finds that no significant negative visual impacts will
result from the Project as mitigation measures will address any such impacts or
potential impacts.
25. Potential
diminution in property values of contiguous neighboring off site lands or lands
within ½ mile of the proposed landfill are mitigated by the landfill
operator/owner or his/her successors. Based
on the Property Protection Plan attached to the Host Community Agreement dated
July 26, 2007 and incorporated by reference as an exhibit and incorporated herein by reference the
Town Board finds that any potential impact from diminution in property values
for sites located within 1/2 mile of the Project will be mitigated.
NO. 16 PAGE
22
JULY 26, 2007
26. The use is
designed, located, and proposed to be operated so the public health, safety,
welfare and convenience will be protected. The Town’s review of the
Project’s potential affect on public health, safety, welfare, and convenience
included a review of the DSEIS, FSEIS, NYSDEC Findings, public hearing
transcripts, a visual impact assessment, and a noise impact assessment together
with information provided by WMNY and it’s SUP Application. Based on these
reports and other information, including testimony received at various public
meetings and hearings including consideration of the recommendation by the Town
Planning Board, the Town has determined that the Project is designed, located
and proposed to be operated so the public health, safety, welfare and
convenience will be protected.
In particular, the Town has
determined that there will be no adverse impacts upon the quality or quantity
of groundwater and surface waters as a result of this project. Issues focused on use of leachate collection
systems; odiferous water concerns, residential well water, leachate breakouts
and leaks, and potential aquifer impacts.
As described in the DSEIS and FSEIS, the Project will be constructed and
operated in accordance with a Part 360 Permit, which provides for redundant
levels of safety to eliminate groundwater impacts. The Project will entail use of a double composite liner system,
leachate collection and storage systems, surface water control systems, monitoring,
and site security. The NYSDEC Findings
conclude that surface waters and groundwater will not be adversely
impacted. Based on the DSEIS, FSEIS,
and the NYSDEC Findings, the Town Board is satisfied that the public health,
safety, and welfare with respect to the quality or quantity of groundwater and
surface waters will be protected.
As discussed above, the Town has
determined that no significant negative visual impacts are expected from the
proposed project. In addition, as
described above, the Town has determined that no significant or adverse impacts
to vehicle traffic on roads around the Project are expected. As described in
the DSEIS and FSEIS, WMNY will employ noise management techniques to minimize
noise impacts. Odors will be minimized,
as described in the DSEIS and FSEIS, by implementation of various management
techniques. Vector control protocols as described in the DSEIS and FSEIS will
be utilized. Dust and windblown debris
will be managed as described in the DSEIS and FSEIS.
In sum, the Town concurs with
NYSDEC Findings and with its review of the DSEIS and FSEIS and concludes that
public health, safety, welfare and convenience will be protected.
27. The use will not cause a substantial injury to the
value of other property in the neighborhood where it is located. Based on mitigative measures as described in the DSEIS, FSEIS, and
NYSDEC Findings, and as described above, that address noise, dust, odors,
aesthetics, groundwater, surface water, wetlands and vector issues, the Town
Board concludes that the Project will not cause a substantial injury to the
value of other property in the neighborhood of the Project. To the extent the value of such property in
the neighborhood is affected, a property protection program has been negotiated
between the Town and WMNY and is included in the HCA between the Town and WMNY.
NO. 16 PAGE 23
JULY 26, 2007
28.
Adequate off-street parking
and loading are provided and the special use will not substantially interfere
with the traffic on abutting streets.
Based upon review of the DSEIS and FSEIS, off-street parking issues are
not associated with this Project. As described in the DSEIS, the number of
solid waste hauling trucks entering the Project area is not expected to
increase because the permitted waste receipt rate of the Project area will
remain unchanged from the currently permitted level. Truck control/management
as described in above and in the FSEIS will adequately address truck traffic
issues. Based on the foregoing
information and analyses, the Town concludes that the issuance of a special use
permit will not substantially interfere with the traffic on abutting streets.
29.
Alternatives. In accordance
with SEQRA regulations, the DSEIS and FSEIS contain a discussion of
alternatives including alternative landfill size and layout, alternative
landfill size and height, sighting a new landfill, and the no action
alternative. Alternatives considered
including those identified as alternatives 1, 2, 3 and 4 were dismissed for
among other reasons that such alternatives would result in greater impact to
wetlands, or would not meet Project needs and goals. The Board is satisfied that based on the alternatives considered
and the alternative analyses undertaken that the preferred alternative is the
most appropriate for the Project site and meets other requirements under the
Town’s SUP criteria.
FINDINGS
FOR Ordinance Section 135.13.
30. The Application for SUP for Project
meets the other requirements for special use permits as applicable by including
as follows:
31. Ordinance Section 135.13 D (1-2). For the reasons set forth previously,
because the Project will not alter ingress and egress to the Project site, the
Board finds that the Project makes no changes to ingress and egress and
therefore this criterion has been satisfied.
Similarly, because no changes are made regarding such ingress and
egress, no changes for off street parking and loading areas are proposed as relates
to the Project, and thus this criterion has been satisfied.
32. Ordinance Section 135.13 D (3-4). The Board finds as applicable, and as set
forth previously, that because there is no change to the landfill operation as
proposed by the Project, that requirements regarding refuse and service areas
are met by the current operations and there is no proposed change to utilities.
33. Ordinance Section 135.13 D (5-7). As indicated previously, specific
recommendations have been made and mitigation measures proposed regarding
landscaping to address potential impacts to aesthetic view sheds and historic
or archeological resources, and as such, the Board finds that appropriate
screening and buffering has been arranged and finds that this criteria has been
met. Further, there are no signs proposed
as part of the Project and thus this criterion is not applicable. Further, no required yards or other open
space is applicable to this SUP, except as previously found the Project does as
required by other sections of the ordinance provide for adequate buffering
between other uses and the Project.
34. Ordinance Section 135.13 D (8). Because the Project involves an expansion of
an existing use that this criteria has been satisfied as it is compatible with
the current use of the site and adjacent property are already in proximity to a
landfill operation.
NO. 16 PAGE 24
JULY 26, 2007
35. General. The Board finds that the Project is appropriate for the Project
site, including for the reasons previously referenced in this Findings
Statement including because it is an appropriate special use as contemplated by
the SUP ordinance provisions at issue.
The Board further finds as is more specifically identified above that
any potential impacts to traffic, noise, viewsheds, surface and ground water,
dust, landfill gas/odors, wetlands, endangered or threatened species, historic
or archeological resources have been properly addressed including by the
inclusion of appropriate Project design features and Project mitigation measures
as proposed. Further as required by the
regulations and statutes at issue the Board finds that the benefit of the
Project outweighs any potential adverse impacts in light of the mitigation
measures and design features proposed.
CERTIFICATION OF FINDINGS TO
APPROVE SPECIAL USE PERMIT
Having
considered the Draft and Final SEIS, and WMNY’s Revised Application for a
Special Use Permit and other information as identified and having considered
the preceding written facts and conclusions relied upon to meet the
requirements of 6 NYCRR 617.9, this Statement of Findings certifies that:
A. The requirements of 6 NYCRR Part 617
have been met;
B. Consistent with the social, economic
and other essential considerations from among the reasonable alternatives
available, the action is one which avoids or minimizes adverse environmental
impacts to the maximum extent practicable; and that adverse environmental
impacts will be minimized to the maximum extent practicable by incorporating as
conditions to the decision those mitigative measures which were identified as
practicable.
C. (and, if applicable) Consistent with
the applicable policies of Article 42 of the Executive Law, as implemented by
19 NYCRR 600.5, this action will achieve a balance between the protection of
the environment and the need to accommodate social and economic
considerations.
Town Board of the Town of Macedon
Signature of Responsible Official Name of Responsible
Official
Title of Responsible Official Date
Town of Macedon, 32 Main Street, Macedon, New York 14502
Waste Management – High Acres Landfill and Recycling Center
Parkway Expansion Phase III July 26, 2007
Whereas, Waste Management of New York, L.L.C. (WMNY)
owns properties within the Town of Macedon bounded by the Wayne/Monroe County
Line on the west, Quaker Road on the north, Wayneport Road on the east, and the
Erie Canal/CSX railroad on the south, totaling approximately 220 acres, and
Whereas, WMNY has applied to the Macedon Town Board
requesting a Special Use Permit, which would permit the expansion of the High
Acres Landfill and Recycling Center (HALRC) within the properties described
above within the Town of Macedon, and
NO. 16 PAGE 25
JULY 26, 2007
Whereas, the proposed expansion of the HALRC is
partially within the Town of Perinton in Monroe County, and partially within
the Town of Macedon in Wayne County, and
Whereas, the Town of Macedon, the Town of Perinton,
and other involved agencies mutually agreed to allow the New York State
Department of Environmental Conservation (NYSDEC) to act as lead agent in a
coordinated SEQRA environmental impact review process, and
Whereas, the NYSDEC conducted a comprehensive SEQRA
review for the Applicant’s total requested full build out condition of the
landfill site, including a total operating landfill footprint of 138.5 acres in
the Town of Macedon, with an additional 33 acres of undeveloped land utilized
for support operations (i.e.,
roadways berms and sedimentation basins), extending to a maximum elevation
height of 799 feet mean seal level, and
Whereas, the NYSDEC issued findings relative to the
Final EIS on May 18, 2007, indicating that all environmental impacts relative
to the proposed action have been mitigated to the extent possible, and
Whereas, the proposed project constitutes an extension
of the lifespan of the existing High Acres Landfill facility, but does not
constitute any change in daily operations, including tonnage accepted per day,
hours of operation or other operational factors, and
Whereas, the Macedon Town Board retained the
engineering firm of Clough Harbour Associates, L.L.C., for the purposes of
conducting a third party independent engineering review of the proposed
landfill expansion, and
Whereas, the Applicant has adequately addressed any
and all comments and concerns raised by Clough Harbour Associates and the Town
Engineer, and the project is designed in accordance with Part 360 standards,
and will be protective of human health and the environment, and
Whereas, the Macedon Town Planning Board did perform
an advisory review of the proposed Special Use Permit application on July 23,
2007, and offered a positive referral back to the Town Board relative to
issuance of the permit, and
Whereas, the Wayne County Planning Board did perform
an advisory review of the proposed Special Use Permit application on July 25,
2007, and offered a positive referral back to the Town Board relative to
issuance of the permit, and
Whereas, the Macedon Town Board did publish and hold a
public hearing on July 26, 2007 to solicit any public comment relative to the
Special Use Permit application, and
Whereas, the Macedon Town Board reaffirmed the SEQRA
findings made by the NYSDEC via resolution on July 26, 2007, finding: (A) that the proceedings undertaken by the
NYSDEC as Lead Agency under SEQRA with respect to the Project satisfy the
requirements of SEQRA; and (B) ratified such proceedings by the Lead Agency;
and (C) determined that all of the provisions of SEQRA that are required to be
complied with as a condition precedent to the approval of the Application with
respect to the Project have been satisfied; (D) incorporated by reference its
State Environmental Quality Review Act Findings Statement with respect to the
Project dated May 18, 2007; and (E) and made independent findings that the
Applicant has complied with § 185-13 of the Macedon Zoning Code provisions for
the issuance of a Special Permit under the circumstances including § 185-13, and
Whereas, the Macedon Town Board has negotiated and
adopted via resolution a Host Community Agreement (HCA) on July 26, 2007, and
Whereas, in the opinion of the Macedon Town Board,
WMNY has demonstrated, through its long standing presence in the
Macedon/Perinton community, that it has the capability to own and operate a
project of this size and scope, and
Whereas, in the opinion of the Macedon Town Board,
approval and issuance of this Special Use Permit is in the best long term
interest of the citizens of the Town of Macedon, and
NO. 16 PAGE 26
JULY 26, 2007
WHEREAS, ON July 26, 2007, the Macedon Town Board approved the requested
Special Use Permit to Waste Management New York, L.L.C. to operate a Solid
Waste Landfill, pursuant to the conditions contained in said resolution:
SPECIAL USE PERMIT
3. WMNY shall pay all application fees relative to the Special Use Permit issuance, and also finalize all payments to cover the costs of the Town’s outside engineering and legal consultants for monies due above and beyond the initial $30,000.00 paid at the time of application, file a signed host community agreement in the form agreed to and approved by the Town and WMNY on July 26, 2007 and pay the first year minimum royalty in the amount of $1,000,000 and first year payment in lieu of recycling in the amount of $150,000 as provided in the HCA, and.
4. All Special Use Permit operating conditions for operation of the property shall be as spelled out in the adopted Host Community Agreement and the Findings as adopted by the Town Board on July 26, 2007. The approved current Host Community Agreement shall be considered part of the Special Use Permit approval, shall be attached to any issued Special Use Permit, and WMNY shall comply with all such operating conditions set forth the in HCA..
5. The Town of Macedon shall be allowed reasonable access to the High Acres property to perform periodic inspections to ensure conformance with the terms and conditions of this permit.
6. WMNY agrees to work cooperatively with the Town of Macedon in the future to implement new and innovative technologies and planning for the long term use of the landfill property, including methane power production, varying landscape cover treatments, and beneficial community uses of the property.
7. This permit and the activities
authorized therein or ownership of the landfill, may not be transferred,
directly or indirectly, to any other person or entity. Notwithstanding the provisions of paragraph
1 above, this permit shall expire upon the transfer of ownership of the
landfill or any operations thereon or any operations authorized by this permit
to any person or entity other than WMNY.
MOTION BY NAWROCKI, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
NO. 16 PAGE 27
JULY 26, 2007
MOTION BY MAUL, SECONDED BY NAWROCKI THAT THE MEETING BE ADJOURNED AT 10:32 PM.
__________________________
Judy W. Gravino, RMC
Macedon Town Clerk