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Outdoor burn regs change


Encon Officer Peter Brinkerhoff, background right, talks with an individual who was burning leaves on a property in Claverack Monday. New York state enacted new regulations that went into effect Oct. 15 that effectively bans most open burning, including leaves. (Robert Ragaini/Hudson-Catskill Newspapers)

Burning leaves, household garbage now illegal

By Andrew Amelinckx
Published:
Tuesday, October 27, 2009 2:16 AM EDT

NEW YORK STATE — With fall in full swing many county residents are spending an afternoon or two raking the multi-colored leaves that seem to endlessly descend on their properties. But unlike in the past when they were able to burn the piles, thanks to new state regulations they’ll have to find another way of disposing of them.

These aren’t the only changes in the Department of Environmental Conservation regulations concerning outdoor burning.

Burning household trash in burn barrels is no longer allowed as well.

According to Lori Severino, a spokesperson for the DEC, the ban was put in place for two main reasons, to reduce the number of pollutants in the air and to help prevent wild fires.

“Open burning is the leading cause of wild fires in New York state,” said Severino.

According to the DEC, burning household garbage can release such compounds as arsenic, carbon monoxide, benzene, styrene, formaldehyde, lead, hydrogen cyanide and dioxin

“The intent is to improve air quality and help protect peoples’ health,” she said.

The enforcement of the new regulations can come as either criminal charges or civil fines, said Severino, and is dealt with on a “case by case” basis.

She said that fines can range from $375 all the way up to $15,000.

Severino said that people can still burn fallen limbs and brush as long as it is 6 inches or smaller in diameter and a maximum of 8 feet long. This can only be done between May 15 and the following March 15.


According to the DEC, this is due to the greater risk of wildfires during the rest of the year.

You may also still have campfires, as long as they are less than 3 feet in height and 4 feet in length, width or diameter; small cooking fires; and ceremonial or celebratory bonfires, but if you do you can only burn either charcoal or clean and untreated or unpainted wood. Kiln-dried fire wood is exempted, pressure treated lumber is not.

All fires must be attended at all times and must be fully extinguished when you leave.

The new regulations went into effect Oct. 14 after a yearlong public input process.

Other changes include:

n The agricultural blanket exemption is now limited to burning organic waste — including brush and wood — generated by clearing fields and from other agricultural activities on farms that are larger than 5 acres. The burning of pesticides, plastics or other non-organic material is prohibited.

n The practice of burning large piles of brush collected from local residents at town or county transfer sites is now prohibited. Downed limbs and branches generated at a transfer site are allowed to be burned on site with the same restrictions as for private residents.

n The burning of on-site demolition debris that used to be allowed with a permit is now illegal.

For more information, visit www.dec.ny.gov.

To report environmental law violations call 1-800-TIPP DEC (1-800-847-7332).

To reach reporter Andrew Amelinckx call 518-828-1616, ext. 2267 or e-mail aamelinckx@registerstar.com.



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