March 28, 2011

Residential Brush Burning Prohibited During High-Risk Season March 16 - May 14

Oswego County Fire Coordinator Reminds Residents of State Ban on Open Burning -

Oswego County Fire Coordinator Donald Forbes reminds Oswego County residents that all residential grass and brush burning is prohibited during the historically high fire risk period between March 16 and May 14.

Forbes said that New York State's open burning regulation, which was passed in 2009, bans open burning from mid-March through mid-May. It also prohibits the burning of garbage at all times and places.

"County fire departments responded to over 20 grass and brush fires in one day last year. That's time away from jobs, homes and families. People need to be aware of the danger and the consequences," said Forbes. "Grass, brush and woods fires can be very dangerous. Last year we lost a barn and heavily damaged a house in two separate fires as a result of open burning in Oswego County. People need to be more respectful of the power of fire. It can get out of control in a split second."

Forbes said several factors enable wildfires to start easily and spread quickly during early spring, including the lack of green vegetation, abundance of available fuels such as dry grass and leaves, warm temperatures and wind.

State Department of Environmental Conservation (DEC) Commissioner Joe Martens said that since the open burning regulation passed in 2009, there have been fewer fires reported in New York State during early spring, the highest fire risk time. "It's our responsibility to protect the health and safety of our children, families and our natural environment," he said.

In 2009, New York toughened restrictions on open burning to reduce harmful air pollutants and help prevent wildfires. While the new regulation allows residential brush burning for most of the year in towns with a population of less than 20,000, it prohibits open burning in all communities during early spring when the bulk of New York's wildfires typically occur.

Open burning is the largest single cause of wildfires in New York State. Data from DEC's Forest Protection Division show that debris burning accounted for about 40 percent of wildfires in the state between 1986 and 2006 - more than twice the next most-cited source. In addition, from 2000 to 2007, New York's fire departments responded to an average of 2,600 wildfires each year during the period of March 14 through May 16.

DEC Forest Ranger data for 2010 indicated a 33 percent reduction in wildfires caused by debris burning during the burn ban period when compared to the previous 10 years, including weather considerations. In addition, based on information provided by statewide fire departments, 70 percent of the smaller communities across the state had a reduction from overall number of wildfires.

"Every year in Onondaga County, a large number of brush fires occur during early Spring before the greening up period," said Joseph W. Rinefierd, Fire Bureau Director with Onondaga County Department of Emergency Management. "During this higher risk time, please make sure you dispose of all smoking material properly and never leave barbecues, outside fireplaces or grills unattended. Let's prevent fires and practice fire safety, so our firefighters can spend more time with their families this Spring."

Violators of the open burning state regulation are subject to both criminal and civil enforcement actions, with the minimum fine of $375 for a first offense. To report environmental law violations call 1-800-TIPP DEC (1-800-847-7332), or report online at www.dec.ny.gov/regulations/67751.html.

A list of questions and answers on the open burning regulation is available at www.dec.ny.gov/chemical/58519.html on DEC's website.

NYS ELECTRONIC EQUIPMENT RECYCLING & REUSE ACT

The NYS Electronic Equipment Recycling and Reuse Act was signed into law on May 28, 2010.

The law will ensure that every New Yorker will have the opportunity to recycle their electronic

waste in an environmentally responsible manner. The law requires a convenient system for

collection, handling, and recycling or reuse of electronic waste beginning April 1, 2011.

Residential and Small Quantity Generators will be eligible to recycle the following covered

electronic equipment (CEE) at no charge:

• Computers
• Televisions
• Small scale servers
• Monitors
• Keyboards and mice
• Fax machines
• Scanners
• Printers
• VCRs
• DVRs
• Portable digital music players
• DVD players
• Digital converter boxes
• Cable or satellite receivers
• Electronic or video game consoles

Under a separate act, the New York State Wireless Recycling Act, which became effective

January 2, 2007, mandates that all wireless telephone service providers must accept cell phones

The new law will eventually prohibit the disposal of electronic waste in the state by all

consumers; beginning January 1,2012 for business and municipalities, and January 1,2015 for

individuals and households.

NYS Department of Environmental Conservation

Division of Solid & Hazardous Materials

625 Broadway

Albany, NY 12233-7251

E-mail: ewaste@dec.state.ny.us

Phone: 518-402-8633

Questions and Answers Regarding New Open Burning Regulations Effective October 14, 2009

1. Do the new regulations on open burning make burning household trash in burn barrels or piles illegal?

Yes. Burning trash is now prohibited statewide in all cases. DEC recommends that you recycle all appropriate materials (such as newspaper, paper, glass and plastic) and compost your organic kitchen and garden waste.

2. What are the new regulations on open burning in New York State?

Effective on October 14, 2009, all open burning is prohibited in New York with several exceptions including the following:

•·                       Campfires less than 3 feet in height and 4 feet in length, width or diameter are allowed.

•·                       Small cooking fires are allowed.

•·                       Fires cannot be left unattended and must be fully extinguished.

•·                       Only charcoal or clean, dry, untreated or unpainted wood can be burned.

•·                       Ceremonial or celebratory bonfires are allowed.

In towns with a total population less than 20,000, you may burn tree limbs with attached leaves. The limbs must be less than 6 inches in diameter and 8 feet in length. However, this is not allowed from March 16 through May 14 due to the increased risk of wildfires.

See Section 215.3 for a full list of exceptions.

3. Why has the DEC changed the regulations allowing open burning in New York State?

Open burning of household trash releases dangerous compounds including arsenic, carbon monoxide, benzene, styrene, formaldehyde, lead, hydrogen cyanide and dioxin, among others. Open burning is also the single greatest cause of wildfires in New York.

4. Can I burn leaves if I live in a rural area?

No, burning leaves is banned in New York State. We encourage you to compost leaves.

5. Your rule says firewood must be untreated, some firewood is heat-treated, is that allowed?

Some firewood is heat treated (kiln dried) to control invasive insect species if it is to be transported over 50 miles. Heat treated firewood is not intended to be prohibited. However, the burning of chemically treated wood such as pressure-treated lumber and plywood is prohibited.

6. Are open fires allowed to control invasive plant and insect species?

Yes. Case-by-case DEC approval is not required.

7. Can agricultural wastes be burned?

Yes, organic agricultural wastes may be burned on-site where they are grown or generated including brush and wood produced by clearing fields and other activities. The fire must be located on contiguous agricultural land larger than 5 acres, and the materials capable of being fully burned within 24 hours.

The burning of pesticides, plastics or other non-organic material is prohibited.

8. Can I burn liquid petroleum fueled smudge pots to prevent frost damage to crops?

Yes. However, burning tires and other wastes for smudge is not allowed.

9. Can prescribed burns be performed?

Yes. Prescribed burns, the burning of forest land to achieve a vegetative or wildlife management goal, can be performed but only in accordance with DEC regulations. Check with your regional DEC office.

10. Are fire training burning activities allowed?

Yes, with some restrictions on the use of acquired structures and in accordance with guidance from NYS Dept. of State's Office of Fire Prevention and Control. The Fire Services Bureau may be reached at 518-474-6746.

11. Are individual open fires to control plant and animal disease outbreaks allowed?

Yes, as approved case-by-case by DEC, upon the request by the Commissioner of Agriculture and Markets.

12. Can I dispose of a flag or religious item in an open fire?

Yes, in a small-sized fire if it is not otherwise prohibited by law or regulation.

13. Are permits for open fires still required in some parts of the state?

Yes. While a permit is not required under this regulation, the Environmental Conservation Law (ECL) still requires that a permit be obtained from the Department if you plan to burn brush under the exception and you live in a town which is totally or partially located within the boundaries of the Adirondack and Catskill Parks which is designated as a "Fire Town" under the ECL (see list below). In addition, any local requirements or restrictions would apply.

•·                       Clinton County, the towns of Altona, Ausable, Black Brook, Dannemora, Ellenburg and Saranac;

•·                       Delaware County, the towns of Andes, Colchester, Hancock and Middletown;

•·                       Essex County, all towns

•·                       Franklin County, the towns of Altamont, Belmont, Brighton, Duane, Franklin, Harrietstown, Santa Clara and Waverly;

•·                       Fulton County, the towns of Bleecker, Caroga, Mayfield, Northampton and Stratford;

•·                       Greene County, the towns of Hunter, Jewitt, Lexington and Windham;

•·                       Hamilton County, all towns;

•·                       Herkimer County, the towns of Ohio, Russia, Salisbury and Webb;

•·                       Lewis County, the towns of Crogham, Diana, Grieg, Lyonsdale and Watson;

•·                       Oneida County, the towns of Forestport and Remsen;

•·                       Saratoga County, the towns of Corinth, Day, Edinburg and Hadley;

•·                       Saint Lawrence County, the towns of Clare, Clifton, Colton, Fine, Hopkinton, Parishville, Piercefield and Pitcairn;

•·                       Sullivan County, the towns of Neversink and Rockland;

•·                       Ulster County, the towns of Denning, Gardiner, Hardinburgh, Olive, Rochester, Shandaken, Shawangunk, Wawarsing and Woodstock;

•·                       Warren County, the towns of Bolton, Chester, Hague, Horicon, Johnsburgh, Lake George, Luzerne, Queensbury, Stoney Creek, Thurman and Warrensburgh;

•·                       Washington County, the towns of Dresden, Fort Ann and Putnam.

14. Can a town prohibit open burning that the state allows?

Yes, towns, villages, cities and counties can pass ordinances that are stricter than, and not inconsistent with, the open fires regulations. You should check with local authorities to find out if local law requires a permit or prohibits open fires.

15. Can explosives, or other dangerous contraband, be burned?

Yes, on an emergency basis by police or other public safety organizations only.

16. Can brush piles be burned at transfer sites?

No, the practice of burning large piles of brush collected from local residents at town or county transfer sites is prohibited. The individual landowners in small towns may burn their brush on site as discussed under question 2 above. Downed limbs and branches generated at a transfer site are also allowed to be burned on site with the same restrictions.

17. Where should I call to report an illegal open fire?

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

The Department has received many questions regarding DEC's implementation of Part 215, regarding open fires. This document is intended to inform the general public about open fire regulation in New York and assist the regulated community in understanding the requirements of Part 215.