Brusie: Allen Sand and Gravel operating waste management facility


 


AMENIA — Zoning Enforcement Officer Nancy Brusie has determined that Allen Sand and Gravel has been operating a waste management facility at its location on Route 22.

In July, the Department of Environmental Conservation (DEC) announced it was going to ticket and fine the company for operating a solid waste management facility without a permit.

At a Town Board meeting two weeks ago, Brusie said she needed more time to determine whether or not the company was operating such a facility.

At last week’s board meeting, town Supervisor Wayne Euvrard read a statement written by Brusie, who was not present at the meeting.

"I have determined that the composting operation at the site constitutes a solid waste management facility in accordance with definitions in our current zoning code," Brusie wrote in her statement. "The fact that this activity occurred as early as 2000 does not grandfather this use. This use was not allowed under the old zoning code, so grandfathering does not apply. Since this use does not apply in our current zoning code, a notice of violation will be sent out immediately."

Brusie asked the board to revisit Section 121-B in the town's zoning laws, which covers solid waste management facilities and industrial use, to make it more "user friendly."

"I revisited [the zoning laws] last week and, at least to me, it is a little misleading,"town Supervisor Wayne Euvrard said. "It says that solid waste management facilities, as defined in environmental conservation law, with the sole exception of municipal owned and operated facilities, shall be prohibited. It says it is prohibited but then it goes into Section B which is the standards and enforcement for industrial uses section. The section says that Municipal solid waste management shall satisfy the following requirements... ' [Waste management facilities] are not allowed, but then they list requirements for them [in the zoning laws]."

Allen Sand and Gravel was the subject of several complaints in June when residents spoke at a board meeting about a vile smell emitting from its premises.

There has been no word from the DEC on how much the company will be fined for the violation.

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