Town of Hartford, NY Title, Statutory Authorization, Findings and Purpose

It is the purpose of this chapter to promote the health, safety and general welfare of the residents of the Town of Hartford by the proper regulation of disposal areas known as landfills and to prohibit the dumping of any waste in the Town except in such regulated areas.

Rapid population growth, attended by housing, road and other construction, and increasing demands upon natural resources are found to be encroaching upon, despoiling, polluting or eliminating many of the Town's natural resources, including agriculture, wildlife, flora, wetlands and waterways within the Town.

The Town of Hartford lies in a particularly significant environmental area, located in both the Lake Champlain Drainage Basin as well as the Hudson River Drainage Basin. Moreover, the Town of Hartford enjoys an abundance of fish and game which supports local hunting and fishing. Hartford's wildlife is also enjoyed by all who observe it in its natural habitats. The Town is also blessed with some of the finest agricultural land in the State of New York. The Town Board finds that the ecosystem of Hartford is a delicately balanced treasure for the community.

These natural resources constitute crucial physical, ecological, social, aesthetic, recreational and economic assets, and their preservation is necessary to protect and promote the health, safety and general welfare of present and future residents of the Town.

It is the intent of this chapter to promote the public purposes identified in this section by providing for the proper regulation and use of sanitary landfills within the Town. The Town Board finds that the siting and the use of a sanitary landfill, C&D (construction and demolition) landfill and septage composting operations or any processing, landfilling or disposition of any form of waste product, including, but not limited to, the spreading of septage on agricultural lands within the Town of Hartford will affect and impact upon all Hartford residents and the Town's tax base.

The Town Board further finds that it does not generate septage as there are no sewer districts within the Town.

The Town Board further finds that the composting of septage, generated by sewer districts, poses unacceptable health and safety risks to taxpayers residing in the Town. Such composting activities also generate unacceptable aesthetic impacts upon those residents living near such composting operations. The Board further finds that such activities provide no benefit to taxpayers living within the Town of Hartford and will diminish property values, thereby eroding the tax base within the Town. With regard to such composting activities, the Town Board specifically finds that numerous alternatives exist which would not impact the Town of Hartford.

It is not the intent of this chapter to restrict, obstruct or otherwise hinder the continuation of normal agricultural production. The Town Board understands that the beauty of our community is further enhanced by the active and attractive farms that operate within its boundaries. With the passage of this chapter, the Town Board affirms its commitment to agriculture for this generation and future generations of young people who will work the land. In addition, it is not the intent of this chapter to regulate generally accepted agricultural practices or composting in any way by individuals or by farms for use on said-owner's property.

The siting of any form of landfill, large-scale composting operations, or any waste-processing facility, including, but not limited to, spreading septage on agricultural lands without the Town being involved in the siting process, and allowing such siting to occur in a clandestine fashion without the Town being given the opportunity to consider the environmental consequences associated with siting any form of landfill, large-scale composting operation, any waste-processing facility, including, but not limited to, spreading septage on agricultural lands in Hartford, is found unacceptable. The Town finds that it must assume a stewardship role.

It is the intent of this chapter to apply to all landfills within the Town of Hartford in addition to other relevant state or federal laws and regulations thereof which apply to the subject matter regulated by this chapter. Accordingly, it is the intent of this chapter to add to, rather than preempt, supersede or conflict with, other relevant state or federal laws and regulations thereof which apply to the subject matter regulated by this chapter, unless otherwise stated.