No person shall receive, accept, deliver, dump, dispose or apply for a permit unless all provisions, plans and/or locations meet all requirements, as they apply to the Town of Hartford, as set forth in Subpart 360-2 of NYCRR Part 360, as may be amended. Said Subpart 360-2 of NYCRR Part 360 is incorporated in this chapter herein by reference. The approval authority, as provided throughout Subpart 360-2 of NYCRR Part 360 referring to New York State Department of Environmental Conservation, shall also mean the Town Board of the Town of Hartford, County of Washington, State of New York, for purposes of this chapter.
A. 
No person shall receive or accept for disposal or delivery, dump or offer for disposal any refuse on any land or at any location, site or area within the Town of Hartford unless such land, location, site or area is a landfill disposal area and the operator has been issued a permit from the approval authority, and no person shall operate or site any such disposal area unless the same has been issued a permit from the approval authority.
B. 
No person shall apply for a landfill permit that does not include plans to recycle and remove from the site at least 85% of all waste received.
A. 
Any person who shall desire and intend to establish, operate or maintain a landfill in the Town of Hartford shall execute under oath an application to the Town Board for a permit, which shall contain the following information:
(1) 
The name and address of the applicant.
(2) 
A brief description of machinery and equipment which will be used in the operation of the site.
(3) 
The minimum number of employees he intends to engage in the operation of the site.
(4) 
The maximum volume of refuse the applicant will accept for disposal, on a weekly and on a monthly basis.
(5) 
The name and address of the owner of the land upon which the site is to be located and, if the applicant is not the owner, the nature of his right of occupancy of such land and, if the applicant is a corporation, the names of all shareholders and the number of shares held by each shareholder and, if the applicant is a limited liability company or partnership, the names of each member or partner and the interest held by each such member or partner.
(6) 
There shall accompany such application a map or plan of the premises drawn to a scale of not less than one inch to 100 feet, showing the following:
(a) 
The exact location of the area intended for use as a landfill, including buffer zones.
(b) 
The location of all boundary lines and/or streets and highways abutting the premises and all dwellings situate within 1,500 feet of the area intended for use as a landfill, including buffer zones.
(c) 
The location of any adjoining property boundary within 1,500 feet of the area intended to be used as a landfill, excluding buffer zones.
(d) 
The location of any property boundary of an active farm within 1,500 feet of the area intended to be used as a landfill, including buffer zones.
(e) 
The location of any property utilized by a bona fide hunting club within 1,500 feet of the area intended to be used as a landfill, including buffer zones.
(f) 
The exact location of areas formerly used for landfill purposes and completed at the time of application.
(7) 
A completed environmental assessment long form.
(8) 
Copies of all applicable county, state, and federal permits or permit applications required for the landfill.
(9) 
Any topographical and perimeter surveys, hydrological computations, engineering studies and other factual or scientific data and reports as deemed necessary by the approval authority to arrive at a proper determination.
(10) 
In the case of applications affecting water retention capability, water flow or other drainage characteristics of any wetland, water body or watercourse, the approval authority may require the inclusion of a statement of the area of upstream and downstream watersheds, impact analysis and information as to rainfall intensity in the vicinity for not less than a ten-year return frequency, together with approximate runoff coefficients to determine the capacity and size of any channel sections, pipes or waterway openings, together with plans for necessary bridges, culverts, stormwater or pipe drains that, in the opinion of the approval authority, are needed to arrive at a proper determination on the application consistent with the purposes of this chapter.
B. 
Three copies of any such application shall be filed with the Town Clerk of the Town of Hartford, who shall refer such applications to the Hartford Town Board.
C. 
The approval authority with respect to applications hereunder shall be the Hartford Town Board.
D. 
The approval authority has the right to obtain legal and/or engineering consultation from a consultant of the approval authority's choice, with the cost of such consultation to be borne by the applicant.
E. 
The approval authority shall refer any application submitted to it pursuant to this chapter to the Hartford Planning Board and Engineer for the Town for review and report. The Planning Board and Engineer for the Town shall report back to the approval authority within 30 days of the date of referral or within such greater period as may be specified by the approval authority at the time of referral. Failure to comply within the specified time period shall be interpreted by the approval authority as indicating no objection to the application.
F. 
A public hearing shall be held by the Town Board after the completed application is received. Said public hearing shall be held within 45 days of receipt of a completed application. Notice for said public hearing shall be posted and published no less than 15 days before said public hearing.
G. 
A determination shall be made to approve, approve with modifications, or disapprove the issuance of such permit within 60 days following completion of the public hearing.
H. 
Failure to receive a completed application by the Hartford Town Clerk shall toll all time limits herein.
A. 
The applicant shall have the burden of demonstrating that the proposed activity will be in accord with the policies and provisions of this chapter.
B. 
In approving, disapproving or approving with modifications, the approval authority shall exercise its discretion and consider:
(1) 
The environmental impact of the proposed action;
(2) 
The alternatives to the proposed action;
(3) 
Irreversible and irretrievable commitments of resources that would be involved in the proposed activity;
(4) 
The character and degree of injury to, or interference with, safety, health or the reasonable use of property that is caused or threatened;
(5) 
The suitability or unsuitability of such activity to the area for which it is proposed;
(6) 
The effect of the proposed activity with reference to the protection or enhancement of the Town's natural resources, including, but not limited to, agricultural, wildlife, flora, recreation, wetlands, water bodies and watercourses;
(7) 
The availability of preferable alternative locations on the subject parcel or, in the case of activity of sufficient magnitude, the availability of other reasonable locations;
(8) 
The availability of mitigation measures or safeguards that could feasibly be added to the plan or action;
(9) 
The extent to which the exercise of property rights and the public benefit derived from such use may outweigh or justify the possible degradation of the site, the interference with the exercise of other property rights, and the impairment or endangerment of public health, safety or welfare;
(10) 
Whether the siting is part of a Comprehensive Plan;
(11) 
The areas in which the refuse is generated; and
(12) 
Any host benefit package offered by the applicant; provided, however, that all other aspects of the application conform to and meet the requirements and policies of this chapter.
C. 
Permits will be issued by the approval authority pursuant to this chapter only if the approval authority shall find that the proposed regulated activity is consistent with the policy of this chapter.
A. 
Any permit issued hereunder shall at all times be displayed conspicuously at or near the entrance to the site.
B. 
Any permit issued hereunder shall be effective from the date of its issuance until December 31 following its issuance. A permit hereunder may be renewed for additional one-year periods, provided that the siting and operation are in conformance with this chapter and the site would be approved as an original application if submitted at that time. The granting of an original or renewed permit shall in no way create vested rights for the permittee or the site.
C. 
All permits issued under this chapter shall be nontransferable from or assignable by the named permittee or licensee thereof. For the purpose of this subsection, a transfer shall occur if the permittee or licensee is a corporation whose stock is not sold to the general public on any recognized stock exchange or over the counter and in compliance with all applicable federal and state laws and regulations, and any type transfer or assignment of the ownership of a share or shares of stock in said corporation is made, voluntarily or involuntarily, which transfer or assignment would cause the controlling interest in said corporation to be vested in a party other than the party holding controlling interest in said corporation before such transfer, and, further, in any event, the Town Board of the Town of Hartford must be notified in writing by the corporate licensee or permittee as to any transfer or assignment of ownership of a share or shares of stock in said corporation, whether or not such transfer vests controlling interest of the corporation in another party. Any transfer or assignment, as defined in this subsection, will cause an automatic revocation of any permit issued hereunder unless the approval authority, in its sole discretion, consents in writing to such transfer.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Such permit may be revoked or suspended by the Town Board for the violation of any regulation herein after a public hearing at which the permittee shall have an opportunity to be heard.
A. 
A person who shall operate a landfill site for which permit is granted hereunder shall be responsible for the operation, management and security of said site.
B. 
The operator shall not accept refuse for disposal at any landfill site on Sundays or before 8:00 a.m. or after 4:00 p.m. on other days, or as otherwise specified by the approval authority.
C. 
Refuse shall be accompanied with a statement of origin and will not be accepted at landfill facilities unless authorized by the Town Board and such actions are consistent with this chapter and with the health, safety and general welfare of the Town of Hartford and consistent with all other local laws and ordinances of the Town of Hartford.
D. 
The refuse is to be covered, processed for storage, or stored indoors before the close of each working day.
E. 
The area designated to be used for landfill purposes, including buffer areas, shall be no less than 1,500 feet from any wetland, water body or watercourse, as described in Article II herein. If the landfill design calls for a buffer zone larger than the minimum required by any other relevant law or regulation, the approval authority may, at its discretion, adjust the required distance.
F. 
The area designated to be used for landfill purposes, including buffer areas, shall be no less than the following. If the landfill design calls for a buffer zone larger than the minimum required by any other relevant law or regulation, the approval authority may, at its discretion, adjust the required distances.
(1) 
One thousand five hundred feet from any dwelling or from any public street or highway.
(2) 
One thousand five hundred feet from active farmland.
(3) 
One thousand five hundred feet from any area used for hunting by a bona fide hunting club.
G. 
No permit shall be granted or renewed except upon proof that the landfill for which the permit is sought and its operator have fully complied with all applicable federal, state and local laws, rules and regulations pertaining thereto, including but not limited to the New York State Environmental Conservation Law and applicable regulations thereunder.
H. 
Security.
(1) 
No permit shall be granted to any person unless he posts a bond, insurance coverage or other financial security with the Town as follows:
(a) 
General liability insurance. A policy or policies of general liability insurance with limits of not less than $5,000,000 per occurrence.
(b) 
Worker's compensation and employer's liability insurance. A policy or policies of worker's compensation and employer's liability insurance providing protection for employees in the event of job-related injuries.
(c) 
Environmental liability. A policy of environmental impairment liability insurance to cover all cleanup costs for any on- or off-site contamination from discharges at the facility or its operation or maintenance, including property damage and remediation costs. The insurance policy shall have limits of not less than $20,000,000.
(d) 
Closure and post closure. The applicant shall provide financial assurances in the form of insurance, bond, letter of credit, trust fund or other financial assurance mechanism to pay for the required closure and post-closure care activities and any corrective action that may be necessary due to releases of contaminants into the surrounding environment. The amount of financial assurance shall be based on a written, site-specific cost estimate based upon hiring a third party to perform the required action. The cost estimates shall be adjusted annually during the active life of the facility and/or during the period of a corrective action.
(2) 
The Town Board shall reserve the right to accept or reject any bond, insurance or financial security which it deems does not provide proper protection to the Town of Hartford or its residents. All insurance must be issued by an insurer licensed to do business in the State of New York and must have an A.M. Best rating of not less than "A". Each policy of insurance required shall be in a form and content satisfactory to the Town of Hartford and shall provide the Town of Hartford as an additional insured. If at any time any of said policies shall be or become unsatisfactory to the Town of Hartford, applicant shall promptly obtain a new policy and submit proof of insurance of the same to the Town for approval. Failure to comply shall result in the immediate revocation of the permit.
I. 
The applicant shall execute a document indemnifying and holding harmless the Town of Hartford for any costs associated with toxic cleanups arising out of the operation of the landfill business thereof forever.
J. 
The Department of Environmental Conservation shall establish the depth of the landfill.
K. 
The area designated to be used for landfill purposes shall be enclosed with a suitable fence and entrance gate to contain litter, including, but not limited to, blowing papers, and to secure the area during nonoperational hours. All unloading of solid waste shall be conducted in such a manner as to eliminate odor outside of the facility, and such litter and odor outside the facility would constitute a temporary suspension of the permit until the violation is remedied.
L. 
Refuse shall not be unloaded when weather conditions, e.g., high winds, make it probable that the litter may be carried beyond the limits of the landfill, unless the unloading shall occur within a fully enclosed building. All litter that escapes the processing facility shall be cleaned up within 48 hours of escape therefrom; failure to do so shall be considered a violation of this chapter and would constitute a temporary suspension of the permit, until the violation is remedied.
M. 
Landfill sites are prohibited in a major groundwater recharge area when their locations can be identified by reliable engineering investigations or where it can be shown that public or private water supplies would be jeopardized by pollution.
N. 
Scavenger operations shall not be permitted at any landfill.
O. 
All materials used in the covering of refuse shall be of an approved material, as approved by the Engineer for the Town. Supplemental cover material may be brought to site as stated in the agreement with the Town Board and as approved by the Town Engineer.
P. 
At the discretion of the Town Board, a groundwater and surface water monitoring system may be required, at the permittee's expense.
Q. 
Any peace officer, the Town Supervisor, members of the Town Board or their duly authorized representatives, or the Town Enforcement Officer shall be granted access to any landfill site permitted hereunder to inspect the same for compliance herewith at any time without notice.
R. 
The Town Board shall have the right to require certificates of approval of any refuse to be deposited in the landfill in order to monitor compliance with and promote enforcement of this chapter. If such procedure is adopted by the Town, no permittee shall accumulate, deposit, store, manage or accept for such purpose any refuse or other waste material which has not been certified as approved for deposit by the Town of Hartford or any officers or representatives thereof acting under the authority of the Town Board. Under no circumstance shall medical or hazardous waste be brought to the processing facility.
S. 
Before issuing a certificate of approval, the Town of Hartford Enforcement Officer or designee must first record:
(1) 
The nature of the substance sought to be deposited.
(2) 
Its point of origin must be evidenced by a bill of lading.
(3) 
Its volume in cubic yards.
(4) 
Whether compacted or loose.
T. 
All recyclable items, e.g., glass, aluminum, newspaper, etc., shall be removed from the waste received and shall not be deposited in the landfill. Such items shall be removed from any deposits of refuse by the permittee and delivered to any appropriate recycling center for disposal. Proof of such delivery shall be furnished to the Town on a monthly basis by the 10th of each month following the month of disposal. The Town of Hartford requires that any refuse be reduced by the removal of recyclables to a level measured at not less than 85% of the total waste received.
U. 
The Town of Hartford reserves the right to promulgate rules and regulations applicable to permittees and the operation of landfills consistent with this chapter in order to clarify its terms and/or to monitor compliance with its provisions and/or promote enforcement thereof. Violation of any such rules and regulations shall be deemed a violation of any of the provisions of this chapter.
V. 
Salvage operation shall be conducted by operator.
W. 
No permit shall be granted or renewed unless there are plans to recycle and remove from the site at least 85% of all waste received.
[Added 5-14-2013 by L.L. No. 1-2013]
A. 
The name and address of any collector using the licensee's landfill shall be filed with the Town Clerk. In the case of a collector that is a corporation, partnership or limited liability company, the information required for a corporation, partnership or limited liability company permittee set forth in § 71-9 of this chapter shall also be filed.
B. 
All vehicles used in collection shall be duly registered and shall carry general liability insurance or equivalent financial security satisfactory to the Town Board of not less than $1,000,000, naming the Town as an additional insured. The Town shall receive certificates of insurance before said vehicle(s) will be able to perform collection work.
C. 
Each vehicle used by any collector for refuse to be deposited in permittee's landfill shall have the collector's name and address and telephone number, and the collector's town or city of collection, and the number of the vehicle (if collector has more than one) clearly printed and readily visible on both sides of each vehicle with letters not less than two inches in height and on the back of said vehicle readable at a distance of 200 feet.
D. 
The bodies of all vehicles used to haul, transport or dispose of refuse or other solid waste should be metal or other impervious material. All vehicles shall be constructed and maintained so as to prevent refuse from accumulating in or on the body and shall be capable of being completely emptied.
E. 
Any vehicle used to haul refuse, wet or dry, shall have a fully enclosed body or other approved type to minimize the escape of any noxious or disagreeable odors or the escape of any of the vehicle's contents, either liquid or solid.
F. 
Any vehicle, the use of which is intended for dry wastes, including, but not limited to, trash, rubbish, empty boxes, papers, grass and tree trimmings, cans, bottles and all similar materials, may be of the open-body type, but shall be equipped with eye hooks, cleats or other similar hold-fast facilities fixed to the sides and ends of the vehicle and with a tarpaulin or other approved cover to prevent blowing off, spilling or scattering of the same along the route of the vehicle.