Town officials have ignored but never explicitly authorized this practice. Since the stable opened, customers renting horses from the Triple-S have been riding across the landfill to get to the reservation. Over the years Triple-S employees have pointed out this route to riders, but never use the route themselves. In 1989, monitoring well results indicated a sub-surface toxic pollution plume in the groundwater resulting from heavy metals leaching from the landfill site. In 1990, DEP ordered the Town to construct a costly leachate n system and to cap the landfill with layers of clay and other materials to prevent rain from leaching down through layers of trash into the groundwater.
State law makes operation of a polluting landfill a criminal violation.
He has several problems. His consulting engineer says that the proposed landfill capping will cause surface runoff to be diverted onto his two acres. The engineer also reports that the groundwater under the Triple-S site is polluted and that well water on the site should not be used. The engineer has reviewed the corrective measures ordered by DEP, and concludes that the landfill capping will make it Impossible for horses to cross the Town parcel. Roger wants the tower, built in 1985, removed since it violates zoning height restrictions and spoils the wilderness view from the Triple-S. Rogers asks you for advice on what his rights and liabilities are with respect to the Town of Egramont and NewBell.