As used in this chapter, the following terms shall have the
meanings indicated:
The person filing an application pursuant to this chapter.
The Hartford Town Board.
The outer limit of the vegetation specified in Subsection
A of the definition of "wetlands" below or of the land and waters
specified in Subsections B, C and D of the definition of "wetlands"
below or of the waters specified in the definitions of "water bodies"
and "watercourses" below or of the soils specified in Subsection E
of the definition of "wetlands" below.
An application in which all necessary information and other
approvals required by any other entity or relevant law or regulation
are provided to the Town Board. If the Hartford Town Board is engaged
in a coordinated review with other regulating entities, such information
may be provided to the Town Board in accordance with the applicable
coordinated review procedure.
The controlled biological breakdown of organic material,
including the biological breakdown of septage.
Uncontaminated solid waste resulting from the construction,
remodeling, repair and demolition of utilities, structures and roads;
and uncontaminated solid waste resulting from land clearing. Such
waste includes, but is not limited to, bricks, concrete and other
masonry materials, soil, rock, wood (including painted, treated and
coated wood and wood products), land clearing debris, wall coverings,
plaster, drywall, plumbing fixtures, nonasbestos insulation, roofing
shingles and other roof coverings, asphaltic pavement, glass, plastics
that are not sealed in a manner that conceals other wastes, empty
buckets 10 gallons or less in size and having no more than one inch
of residue remaining on the bottom, electrical wiring and components
containing no hazardous liquids, and pipe and metals that are incidental
to any of the above. Solid waste that is not C&D debris (even
if resulting from the construction, remodeling, repair and demolition
of utilities, structures and roads and land clearing) includes, but
is not limited to, asbestos waste, garbage, corrugated container board,
electrical fixtures containing hazardous liquids such as fluorescent
light ballasts or transformers, fluorescent lights, carpeting, furniture,
appliances, tires, drums, containers greater than 10 gallons in size,
any containers having more than one inch of residue remaining on the
bottom, and fuel tanks. Specifically excluded from the definition
of construction and demolition debris is solid waste (including what
otherwise would be construction and demolition debris) resulting from
any processing technique, other than that employed at a Department
of Environmental Conservation-approved C&D debris processing facility,
that renders individual waste components unrecognizable, such as pulverizing
or shredding. Also, waste contained in an illegal disposal site may
be considered C&D debris if the Department of Environmental Conservation
determines that such waste is similar in nature and content to C&D
debris.
A processing facility that receives and processes construction
and demolition debris by any means for the purpose of recycling the
received waste.
"Dispose" and all of its derivatives, shall mean to dump,
deposit or throw away refuse by a person with the consent or approval,
active or passive, of a person in a position to control or prevent
the same. The term "dispose" shall not include recycling, but shall
include composting, unless said composting is for an individual's
or farmer's usage only.
The Planning Board of the Town of Hartford, New York.
A disposal area conducted in compliance with the regulations
prescribed herein.
A person who shall operate a landfill site for which a permit
is granted hereunder.
Terms may be used interchangeably.
Any person, firm, partnership, association, corporation, company, organization or legal entity of any kind, including municipal corporations, governmental agencies or subdivisions thereof, except as otherwise provided in § 71-21 herein.
The introduction into the environment of human-induced conditions
or contaminants in quantities or characteristics which are or may
be injurious to human, plant or wild life or other animal life or
property.
The entire site of the landfill, including buffer zones.
Include any one or more of the following: garbage, trash,
rubbish and similar used or waste material, excluding waste from agricultural
production or its by-products, such as livestock manure.
Somewhat poorly drained soils, poorly drained soils, and
very poorly drained soils, as identified by data from the United States
Department of Agriculture and designated on its official Soils Maps
for Washington County, including, but not limited to, the following
classifications:
|
(25)
|
Sun loam
|
|
(27)
|
Sun, extremely stony silt loam; Fredon
|
|
(35)
|
Raynham silt loam
|
|
(101)
|
Carlisle muck
|
|
(103)
|
Freshwater marsh
|
|
(251A)
|
Ridgebury loam
|
|
(311)
|
Fluvaquent
|
|
(1011)
|
Palms muck
|
|
(1251A)
|
Leicester loam
|
|
(1252B)
|
Leicester, very stony loam
|
The contents of a septic tank, cesspool or other individual
sewage treatment facility which receives sewage wastes.
The Soils Map of the United States Department of Agriculture
for Washington County.
Any garbage, refuse, sludge from a waste treatment plant,
water supply treatment plant, or air pollution control facility and
other discarded material, including solid, liquid, semisolid, or contained
gaseous material resulting from industrial, commercial, mining and
agricultural operations, and from community activities, but does not
include solid or dissolved material in domestic sewage or solid or
dissolved materials in irrigation return flows or industrial discharges
that are point sources subject to permit under 33 U.S.C. § 1342,
as amended (86 Stat. 880), or source, special nuclear or by-product
material as defined by the Atomic Energy Act of 1954, as amended (68
Stat. 923), except as may be provided by existing agreements between
the State of New York and the government of the United States.
See Article V herein.
The freshwater wetlands map prepared by the State of New
York pursuant to Article 24 of the Environmental Conservation Law,
as same may from time to time be amended.
Any body of standing water which exists at least nine months
of the year, and which, when wet, is customarily more than 5,000 square
feet in water surface area.
Any body of water flowing in an identifiable channel or course
at least nine months of the year.
All lands and waters in the Town of Hartford, excluding any
such lands and waters now or hereafter designated on the State Map
or which the Commissioner of the Department of Environmental Conservation
has exempted from local regulations pursuant to § 24-0505
of the New York State Environmental Conservation Law, which have a
contiguous area of at least 7,000 square feet and which contain any
or all of the following:
Lands and submerged lands commonly called marshes, swamps, sloughs,
bogs and flats, whether flooded at all times, flooded only seasonally
or having a water table during at least three consecutive months of
the year within six inches of the ground surface or supporting aquatic
or semi-aquatic vegetation of the types listed in § 24-0107,
Subdivision 1(a), of Article 24 of the Environmental Conservation
Law.
Lands and submerged lands containing remnants of any vegetation
that is not aquatic or semi-aquatic, that has died because of wet
conditions over a sufficiently long period, provided that such wet
conditions do not exceed a maximum seasonal water depth of six feet,
and provided, further, that such conditions can be expected to persist
indefinitely, barring human intervention.
Lands and submerged lands containing sensitive soils where the
slope is less than 3% and where typical wetland vegetation and a groundwater
table within six inches of the ground surface for over three consecutive
months in the year are found.
