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For Release: Tuesday, October 24, 2006

New York State Advises Against Open Outdoor Burning

New York State Department of Environmental Conservation (DEC) Commissioner Denise M. Sheehan reminds New Yorker's that open burning of wastes is generally prohibited throughout the State. Certain types of debris may be burned, but only under a permit issued by DEC. Failure to comply will result in potential tickets, penalties and fines.

"As a national leader in air quality, New York State is dedicated to continued and ongoing efforts to reduce the amount of uncontrolled air pollution resulting from the open burning of wastes," Commissioner Sheehan said. "DEC will continue to enforce State regulations to prevent the risks open burning presents to the health and safety of our children, families, and natural resources."

Open burning of wastes results in uncontrolled releases of dioxins, furans, halogenated hydrocarbons and numerous other compounds at rates far in excess of what would come from a controlled incinerator.

Instead of burning, DEC encourages people to reduce their generation of waste by purchasing products that have less packaging, reusing as much material as possible, composting kitchen and organic waste, and recycling what can't be reused (including paper, cardboard, cereal boxes, magazines, glass, metal containers, and many kinds of plastic).

DEC regulations restrict the burning of most wastes in open fires. This regulation covers "open fires" and specifically prohibits burning of rubbish generated by industrial or commercial activities. Although some material such as brush and tree wood can be disposed of by burning, a permit is required. Any open fire can become an air quality nuisance in contravention of NYS Environmental Conservation Law, rules and regulations. The full text of this law can be seen at on DEC's website.

Agricultural operations are generally exempt from this provision. Under State law, open burning is prohibited within incorporated villages, cities, or any town with a population above 20,000 people. Outside of those areas, depending on the location of the residence, residential burning may require a DEC permit. To find out if a permit is required, individuals should contact their nearest DEC regional office. DEC strongly discourages individuals from open burning or the burning of trash to dispose of waste.

Vegetative debris such as brush, tree limbs, etc. should be chipped for use as mulch or in compost preparation. Residents may be able to compost small amounts of vegetative debris from their own property or they should contact their municipality about existing municipal composting facilities in their area. Information on home composting is available from the Cornell Waste Management Institute at http://cwmi.css.cornell.edu/smallscalecomposting.htm .

Treated or painted wood and building materials such as plywood, fiberboard, and oriented strand board should not be included with vegetative waste in a compost pile. They are also strictly prohibited from burning in an open fire.

Structures may never be disposed of by burning except under a DEC permit. DEC requires all hazardous, toxic and recyclable materials be removed from a structure and that the structure may only be burned in accordance with an approved fire training plan that ensures the site will be managed safely for protection of human health and the environment.

All solid wastes should be managed correctly through available solid waste collection and disposal services. Air pollution and human health concerns have been linked to open burning and in many counties around New York State all open burning of rubbish is prohibited.

  • Page applies to all NYS regions
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