[HISTORY: Adopted by the Town Board of the Town of Hartford
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-25-1991 by L.L. No. 1-1991]
This article shall be entitled "Solid Waste Treatment and Disposal
in the Town of Hartford, Washington County, 1991."
As used in this article, the following terms shall have the
meanings indicated:
Putrescible animal and vegetable waste resulting from the
preparation, handling, cooking and consumption of food.[1]
The tendency of organic matter to decompose with the formation
of malodorous by-products.
Any act or process by which recyclables are separated from
the solid waste stream.
Solid waste that exhibits the potential to be used repeatedly
in place of a virgin material.
A solid waste management facility, other than collection
and transfer vehicles, at which recyclables are separated from the
solid waste stream or at which previously separated recyclables are
collected.
To use recyclables in place of virgin materials in manufacturing
a product.
Anything putrescible or nonputrescible that is discarded
or rejected as useless or worthless.
Sludge, sewage sludge, septage, air pollution control facility
waste, or any other such waste having similar characteristics or effects;
and solid waste remaining after the processing of solid waste by composting
methods that was not made into compost suitable for use.
All putrescible and nonputrescible materials or substances
that are discarded or rejected as being spent, useless, worthless
or in excess to the owners at the time of such discard or rejection,
including but not limited to garbage, refuse, industrial and commercial
waste, sludges from air or water treatment facilities, rubbish, tires,
ashes, contained gaseous material, incinerator residue, construction
and demolition debris, discarded automobiles, and offal.
A.Â
The preservation and improvement of the quality of the environment
within the Town of Hartford, in the face of growth, urbanization and
change with the accompanying demands on natural resources, are found
to be of increasing and vital importance to the health, welfare and
economic well-being of present and future inhabitants of the Town
of Hartford and require action by the governing body of the Town of
Hartford.
B.Â
It is the intent of the Town to assert its rights to establish procedures
and standards for itself so as to protect its public health and its
environment by ensuring the safe, proper and suitable management of
solid waste within the borders of the Town of Hartford.
A.Â
The Town Board of the Town of Hartford, pursuant to the powers of
Municipal Home Rule Law § 10, Article 27 of the Environmental
Conservation Law, Town Law § 221, and the powers invested
in the enabling legislation of 1987 New York State Laws Chapter 681,
to declare the Town of Hartford to preempt and supersede Chapter 681
(an act in relation to solid waste treatment and disposal in Washington
County) (1987) to the extent that the Town of Hartford hereby retains
its rights and powers to implement local laws within the Town of Hartford
with respect to collecting, receiving, transporting, delivering, storing,
processing and disposing of solid waste or the recovery by any means
of any materials or energy product or resources therefrom including
delivery in any recycling efforts.
B.Â
This article does not specifically exclude the ability of the Town
pursuant to its governing laws and Municipal Home Rule Law to enter
into an agreement with said County of Washington or other municipal
entities or the private sector regarding solid waste collection, receiving,
transporting, delivering, storing, processing and disposing of solid
waste or the recovery within the Town of Hartford.
This article, pursuant to Municipal Home Rule Law § 10,
Article 27 of the Environmental Conservation Law, Town Local Law § 221,
specifically supersedes Chapter 681 of Washington County Solid Waste
Treatment and Disposal (1987) as it relates to the ability and powers
of Washington County in collecting, receiving, transporting, delivering,
storing, processing and disposing of solid waste or recovery. This
article hereby asserts the powers of the Town of Hartford to adopt
and amend local laws within its borders so that the local laws enacted
by the County shall not take precedent over and shall not supersede
said local law of this Town.
[Adopted 3-25-1991 by L.L. No. 2-1991]
A.Â
It is hereby determined by the Town Board of the Town of Hartford
that littering constitutes a hazard and menace to the health and safety
of the residents of the Town of Hartford.
B.Â
It is further determined that the citizens of the Town of Hartford
have vested legislative authority in its Town Board and that said
Town Board is entrusted with, among other duties, the protection of
the order, conduct, safety, health and well-being of persons and properties
therein and the protection and enhancement of said Town's physical
and visual environment.
C.Â
It is further determined that the Town by local law can exercise
police power to regulate all aspects of solid waste within the Town
of Hartford and to make the appropriate rules, regulations, resolutions
and laws tending to promote the general well-being of the persons
and property situated therein.
As used in this article, the following terms shall have the
meanings indicated:
The disposal of solid, liquid or other waste by dumping adjacent
to or upon any public or private road, thoroughfare, public or private
land or waterway and the disposal of solid, liquid or other waste
in a waste receptacle without the approval or authorization of the
owner of said receptacle.
Includes any individual, firm, partnership, corporation,
municipality, association of persons or governmental agency.
It shall be unlawful for any person or entity to engage in littering
within the Town of Hartford. Nothing herein shall be construed to
restrict or impede any lawfully conducted solid waste management programs
within the Town of Hartford that are authorized by the Town Board
of the Town of Hartford.
Any person violating the provisions of this article shall be
guilty of a violation and, upon conviction thereof, shall be punished
by a fine of not less than $500 for each offense (each day a violation
of the terms of this article continues constitutes a separate offense)
or by imprisonment of not more than 15 days, or both.
