By Tom Grace
Cooperstown News Bureau
Trash burning in rural areas of New
York state will be banned this fall, according
to Lori Severino, spokeswoman
for the state Department of Environmental
Conservation.
After a more than a year of hearings
and revisions,
the ban will take
effect 30 days after
the new regulations
are filed
with the state
Department of
State, Severino
said Monday.
``After it is
officially filed,
the public will
be notified,’’ she
said. The new
rules are likely
to take effect in
about 45 days.
New York
state now prohibits
many types of
open burning in
municipalities
with more than
20,000 people.
The new regulations will extend the ban
to less densely populated areas.
The pending new regulations have
been under consideration for more
than a year, and the DEC has had two
public comment sessions.
``When it was first proposed, it was
a ban on almost all types of burning,’’
Severino said.
That proposal generated some protest
and the regulation was reworked
to allow some types of burning.
Martha Clarvoe of Hartwick, president
of the Otsego County Conservation Association,
hailed the pending new rules.
A generation ago, Clarvoe helped
document clusters of burn barrels in
Otsego County and lobbied
against them because
of the health risks
of burning solid waste.
``The chemicals released
into the air are
dangerous, and what can
be worse is that we end
up eating them,’’ she said.
As pollutants from
trash burning fall to the
ground, they may be eaten
by animals, which in turn
are consumed by people,
she noted.
Rep. Sam Dubben, RMiddlefield,
chairman of
Otsego County Solid Waste
& Environmental Concerns
Committee, said that
while he believes the state
has too many regulations,
``I don’t think we should
be burning trash.’’ Dubben
said he is concerned about
how the law will be enforced
``because the DEC
is understaffed now.’’
According to a draft of
the regulation, it can be enforced
by DEC officers, as
well as state police, county
deputies, local police and
fire and codes officials.
The draft also outlines
exceptions to the ban on
burning, including:
ä Tree limbs and
branches less than six
inches in diameter and
eight feet in length.
Barbecue grills,
maple-sugar arches and
similar outdoor cooking
devices used to cook and
process food.
“On-site burning of
agricultural wastes as part
of a valid agricultural operation
on contiguous agricultural
lands larger than
five acres actively devoted
to agricultural or horticultural
use, provided such
waste is actually grown or
generated on those lands
and such waste is capable
of being fully burned within
a 24-hour period.”
Liquid-petroleumfueled
smudge pots used
to prevent frost damage
to crops.
``Ceremonial or celebratory
bonfires where
not otherwise prohibited
by law, provided that only
untreated wood or other
agricultural products are
used as fuel and the fire
is not left unattended until
extinguished.’’
Small fires to dispose
of a flag or religious
item, ``and small fires or
other smoke-producing
process where not otherwise
prohibited by law
used in connection with a
religious ceremony.’’
``Burning on an
emergency basis of explosive
or other dangerous
or contraband materials
by police or other public
safety organization.’’
``Fire training, including
firefighting, fire rescue
and fire-arson investigation
training, performed
under applicable rules
and guidelines of the New
York State Department of
State’s Office of Fire Prevention
and Control. (`For
fire training performed on
acquired structures, the
structures must be emptied
and stripped of any
material that is toxic, hazardous
or likely to emit
toxic smoke.’)”
``Individual open fires
as approved by the Director
of the Division of Air
Resources, as may be required
in response to an
outbreak of a plant or animal
disease upon request
by the Commissioner of the
Department of Agriculture
and Markets, or for the destruction
of invasive plant
and insect species.’’
