S T A T E   O F   N E W   Y O R K
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                                  5974

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 3, 2011
                               ___________

Introduced  by  M. of A. BURLING, HAWLEY, AMEDORE, CORWIN -- Multi-Spon-
  sored by -- M. of A.  GOODELL, P. LOPEZ, McLAUGHLIN, MOLINARO, MONTES-
  ANO, OAKS, PALMESANO, RABBITT -- 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:

  Section 1. Section 9-1105 of the  environmental  conservation  law  is
amended by adding a new subdivision 7 to read as follows:
  7.  (A)  EXEMPTION. ANY CITY OR VILLAGE, OR ANY TOWN WITH A TOTAL TOWN
POPULATION, INCLUDING INCORPORATED OR UNINCORPORATED AREAS, OF LESS THAN
TWENTY THOUSAND IS HEREBY FURTHER AUTHORIZED AND EMPOWERED TO ADOPT  AND
AMEND  LOCAL  LAWS, ORDINANCES, OR RESOLUTIONS WHICH EXEMPT SUCH MUNICI-
PALITY FROM ANY CODE, RULE, REGULATION OR STANDARD THAT  WOULD  RESTRICT
THE  BURNING  OF GARBAGE, REFUSE OR RUBBISH, AS DEFINED IN THIS SECTION,
IN AN OPEN FIRE. IN ADDITION, ANY CITY OR VILLAGE, OR ANY  TOWN  WITH  A
TOTAL  TOWN  POPULATION, INCLUDING INCORPORATED OR UNINCORPORATED AREAS,
OF LESS THAN TWENTY THOUSAND IS HEREBY FURTHER AUTHORIZED AND  EMPOWERED
TO  ADOPT  AND AMEND LOCAL LAWS, ORDINANCES, OR RESOLUTIONS WHICH EXEMPT
SUCH MUNICIPALITY FROM ANY CODE, RULE, REGULATION OR STANDARD THAT WOULD
RESTRICT THE BURNING OF GARBAGE, REFUSE OR RUBBISH, AS DEFINED  IN  THIS
SECTION,  IN AN OPEN FIRE ON LAND POSSESSED BY A SINGLE FAMILY, A MEMBER
OF WHICH IS THE OWNER, OCCUPANT OR LESSEE OF SAID LAND, OR ANY PART OF A
FARM ON WHICH ONLY ANIMAL OR VEGETABLE WASTE IS GENERATED AS A RESULT OF
THE OPERATION OF SUCH FARM.
  (B) FOR THE PURPOSES OF THIS  SUBDIVISION  THE  FOLLOWING  DEFINITIONS
SHALL APPLY:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03420-01-1

A. 5974                             2
              

  (I) "OPEN FIRE" SHALL MEAN ANY OUTDOOR FIRE OR OUTDOOR SMOKE PRODUCING
PROCESS  FROM  WHICH  AIR  CONTAMINANTS  ARE  EMITTED  DIRECTLY INTO THE
OUTDOOR ATMOSPHERE.
  (II)  "GARBAGE"  SHALL  MEAN  THE ANIMAL AND VEGETABLE WASTE RESULTING
FROM THE HANDLING, PREPARATION, COOKING AND SERVING OF FOOD.
  (III) "REFUSE" SHALL MEAN ALL WASTE MATERIAL, INCLUDING BUT NOT LIMIT-
ED TO, INCINERATOR RESIDUE, STREET SWEEPINGS, DEAD ANIMALS AND OFFAL.
  (IV) "RUBBISH" SHALL MEAN SOLID OR LIQUID  WASTE  MATERIAL,  INCLUDING
BUT  NOT  LIMITED  TO,  PAPER AND PAPER PRODUCTS, RAGS, TREES OR LEAVES,
NEEDLES AND BRANCHES FROM TREES, VINES, LAWN AND GARDEN  DEBRIS,  FURNI-
TURE, WOOD, AND SAWDUST.
  S 2. This act shall take effect immediately.