S T A T E   O F   N E W   Y O R K
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                                  6465

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              April 1, 2013
                               ___________

Introduced by M. of A. DIPIETRO, WALTER, HAWLEY, GIGLIO -- read once and
  referred to the Committee 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:
  (I) "OPEN FIRE" SHALL MEAN ANY OUTDOOR FIRE OR OUTDOOR SMOKE PRODUCING
PROCESS FROM WHICH  AIR  CONTAMINANTS  ARE  EMITTED  DIRECTLY  INTO  THE
OUTDOOR ATMOSPHERE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03289-01-3

              

A. 6465                             2

  (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.