Effective October 14, burning trash is now prohibited statewide, in accordance with a new state Department of Environmental Conservation regulation, Part 215, which makes it illegal to burn trash in barrels or open piles.

The new law expands on the existing incinerator law that prohibits burning trash in wood stoves, outdoor fireplaces, etc.  The DEC recommends that residents recycle all waste materials such as glass, newspaper, glass, etc. and compost all organic kitchen and garden waste.

The regulation addresses the DEC’s environmental concern over open burning due to the dangerous compounds emitted by the process, including arsenic, carbon monoxide, benzene, styrene, formaldehyde, lead, etc.

According to a DEC spokesperson, burning of tires, plastic containers and such, results in the release of toxic emissions into the air.  The commonly used backyard burn barrel and agricultural trash burning are examples of the types of burning that this regulation prohibits.  The DEC understandably has responded to a number of telephone calls from residents for whom trash burning is a routine practice.

It recommends that residents should practice recycling and composting whenever possible and properly dispose of their remaining garbage.

The new regulation significantly impacts agricultural operations, which is a large portion of Livingston County.  Open burning of organic agricultural waste burned on-site where they are grown or generated including brush and wood produced by clearing fields and other activities is a permitted exception under the new regulation.

With the fall season upon us and leaves falling daily; it is important to note that burning leaves is also banned in New York State. The DEC recommends composting leaf piles.

The regulation does permit specific types of burning including small campfires less than three by four feet, cooking fires, celebratory bon fires and ceremonial fires such as for United States flags. Heat treated fire wood can be burned outside however pressure treated wood is not permitted.  Some types of agricultural burns are permitted.  For the full list of permitted open burning, please see the DEC website.

Enforcement of this new regulation will be on a complaint basis.  Environmental Conservation Officers will answer complaints and violators, if ticketed,  will face a misdemeanor charge.

Tagged as: burn law, DEC