A5974-2011 Actions

• Jan 4, 2012: referred to environmental conservation
• Jun 6, 2011: held for consideration in environmental conservation
• Mar 3, 2011: referred to environmental conservation

A5974-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         5974
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 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.

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