S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         9213

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                   October 28, 2009
                                      ___________

       Introduced  by M. of A. BURLING -- read once and referred to the Commit-
         tee on Environmental Conservation

       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         allowing towns having populations of less than twenty thousand persons
         to burn brush without a permit

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Section 9-1105 of the  environmental  conservation  law  is
    2  amended by adding a new subdivision 7 to read as follows:
    3    7.  (A)  EXEMPTION. ANY CITY OR VILLAGE, OR ANY TOWN WITH A TOTAL TOWN
    4  POPULATION, INCLUDING INCORPORATED OR UNINCORPORATED AREAS, OF LESS THAN
    5  TWENTY THOUSAND IS HEREBY FURTHER AUTHORIZED AND EMPOWERED TO ADOPT  AND
    6  AMEND  LOCAL  LAWS, ORDINANCES, OR RESOLUTIONS WHICH EXEMPT SUCH MUNICI-
    7  PALITY FROM ANY CODE, RULE, REGULATION OR STANDARD THAT  WOULD  RESTRICT
    8  THE  BURNING  OF GARBAGE, REFUSE OR RUBBISH, AS DEFINED IN THIS SECTION,
    9  IN AN OPEN FIRE. IN ADDITION, ANY CITY OR VILLAGE, OR ANY  TOWN  WITH  A
   10  TOTAL  TOWN  POPULATION, INCLUDING INCORPORATED OR UNINCORPORATED AREAS,
   11  OF LESS THAN TWENTY THOUSAND IS HEREBY FURTHER AUTHORIZED AND  EMPOWERED
   12  TO  ADOPT  AND AMEND LOCAL LAWS, ORDINANCES, OR RESOLUTIONS WHICH EXEMPT
   13  SUCH MUNICIPALITY FROM ANY CODE, RULE, REGULATION OR STANDARD THAT WOULD
   14  RESTRICT THE BURNING OF GARBAGE, REFUSE OR RUBBISH, AS DEFINED  IN  THIS
   15  SECTION,  IN AN OPEN FIRE ON LAND POSSESSED BY A SINGLE FAMILY, A MEMBER
   16  OF WHICH IS THE OWNER, OCCUPANT OR LESSEE OF SAID LAND, OR ANY PART OF A
   17  FARM ON WHICH ONLY ANIMAL OR VEGETABLE WASTE IS GENERATED AS A RESULT OF
   18  THE OPERATION OF SUCH FARM.
   19    (B) FOR THE PURPOSES OF THIS  SUBDIVISION  THE  FOLLOWING  DEFINITIONS
   20  SHALL APPLY:
   21    (I) "OPEN FIRE" SHALL MEAN ANY OUTDOOR FIRE OR OUTDOOR SMOKE PRODUCING
   22  PROCESS  FROM  WHICH  AIR  CONTAMINANTS  ARE  EMITTED  DIRECTLY INTO THE
   23  OUTDOOR ATMOSPHERE.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14871-02-9
       A. 9213                             2

    1    (II) "GARBAGE" SHALL MEAN THE ANIMAL  AND  VEGETABLE  WASTE  RESULTING
    2  FROM THE HANDLING, PREPARATION, COOKING AND SERVING OF FOOD.
    3    (III) "REFUSE" SHALL MEAN ALL WASTE MATERIAL, INCLUDING BUT NOT LIMIT-
    4  ED TO, INCINERATOR RESIDUE, STREET SWEEPINGS, DEAD ANIMALS AND OFFAL.
    5    (IV)  "RUBBISH"  SHALL  MEAN SOLID OR LIQUID WASTE MATERIAL, INCLUDING
    6  BUT NOT LIMITED TO, PAPER AND PAPER PRODUCTS,  RAGS,  TREES  OR  LEAVES,
    7  NEEDLES  AND  BRANCHES FROM TREES, VINES, LAWN AND GARDEN DEBRIS, FURNI-
    8  TURE, WOOD, AND SAWDUST.
    9    S 2. This act shall take effect immediately.