Dover prohibits solid waste management facilities; Harlem Valley Bottom Aquifer is “sole source aquifer for Eastern Dutchess County’s 20,000 residents”
March 29, 2010
In 1999, during an almost decade long battle with a solid waste facility proposed in the Town of Dover, and with the help of a local citizen’s group, “Stop the Dump,” the Dover Town Board passed a zoning amendment prohibiting solid waste facilities. After the considerable efforts and funds spent by prior town administrations fighting to successfully keep at bay the growing number of solid waste projects proposed for various sites around town, it was particularly disappointing that the current administration chose instead to sign a Stipulation Agreement to define the currently proposed solid waste project a “pre-existing” operation and therefore apparently not subject to our zoning laws. And is is proposed for a site above our single source aquifer, “the only significant source of water for Eastern Dutchess County.”
On March 29, 2010, Constance DuHamel sent a letter to Supervisor Courtien and Planning Board Co-Chair Wylock, and attaching an article, “What’s Really Needed to Effectuate Resource Protection in Communities,” by Jayne E. Daley, describing the nine year effort to defeat the solid waste facility, culminating in the passage of a zoning law prohibiting “all classes of ECL Part 360 solid waste management facilities not owned or operated by the Town, and the use of solid waste or material that has previously been part of the solid waste stream … as fill or reclamation material for surface or underground mining:”
Hi Ryan and Dave,
In case you have not read this report recently, it touches on some of Dover’s history with the solid waste business which led to the Town’s decision to deny further applications from this industry, and in so doing further protect its water supply. The study references the Harlem Valley Aquifer.
From the study:
“In response to public demand, the Town commissioned its own engineering study that identified the existence of “a distinct valley bottom aquifer system composed of glacial sediments and a geographically distinct carbonate bedrock formation”, which met all criteria for designation as a principal aquifer (fn45.)This issue was particularly important because the aquifer supplies water to over 20,000 people (46) and represents the only significant source of water for Eastern Dutchess County (47.) This report and other pertinent information that was gathered by the Town’s consultants were forwarded to DEC for consideration and review.
36 Id. at 2-1. 37 Id. 6 NYCRR part 360 governs permits for C&D landfills. 38 Id. 39 See generally, Article 8 of the Environmental Conservation Law. 40 Letter from NYS DEC to Anthony Palumbo, Dated July 21, 1995, in DEIS supra note 16, Appendix Q. 41 Id. Letter from NYS DEC to Anthony Palumbo, Dated July 21, 1995. 42 A primary aquifer is defined as a highly productive aquifer system used heavily for public water supply. Principal aquifers are of similar value, but not yet as heavily used as primary aquifers. DEC, Final Upstate New York Groundwater Management Plan, May 1987 at IV-19. 43 6 NYCRR Part 360.74(a)(5)(i)(a)(1). 44 DEIS, supra note 16 at 3.7. 45 Letter to Alan Fuchs, Regional Solid Waste Engineer, Region III, NYSDEC, dated October 25, 1995. 46 Harlem Valley Watershed Investigation, supra note 14 at Table 1. 47 Town of Dover’s Memorandum in Support of Adjudicability of Principal Aquifer Issue, In the Matter of the Application of Danny Fortune and Company, Inc. for modification of a mined land reclamation permit, State of New York Department of Environmental Conservation, NYSDEC Project # 3-1326-00031/00003.”
Please view the entire article, “What’s Really Needed to Effectuate Resource Protection in Communities” by Jayne E. Daley
*Note: printed post date is for chronological clarity. Actual post date is August 13, 2010.
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