[HISTORY: Adopted by the Town Board of the Town of Glenville 4-4-1950
(Ch. 20 of the 1966 Code); amended in its entirety at time of adoption of
Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted
where applicable.
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 101.
As used in this chapter, the following terms shall have the meanings
indicated:
The animal and vegetable waste resulting from the handling, preparation,
cooking and serving of food.
Any outdoor fire or outdoor smoke producing process from which air
contaminants are emitted directly into the outdoor atmosphere.
All waste material, including but not limited to, garbage, rubbish,
incinerator residue, street sweepings, dead animals and offal. Refuse is classified
in accordance with Table 1, Appendix 2, of 6 NYCRR 215.
Land used for depositing of refuse except that it shall not include
land used for depositing of refuse from 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 wastes resulting from the operation of such farm
are deposited. This definition includes, but is not limited to, those areas
commonly referred to as "landfills," "sanitary landfills" and "dumps."
Solid or liquid waste material, including but not limited to, paper
and paper products; rags; trees or leaves, needles, and branches therefrom;
vines; lawn and garden debris; furniture; cans; crockery; plastics; cartons;
chemicals; paint; grease; sludges; oils and other petroleum products; wood;
sawdust, demolition materials; tires; and automobiles and other vehicles and
parts, for junk, salvage or disposal. "Rubbish" shall not include garbage,
incinerator residue, street sweepings, dead animals or offal.
Except as permitted by § 110-2, person shall burn, cause, suffer, allow or permit the burning in an open fire:
A.
Of garbage;
B.
Of refuse at a refuse disposal area;
C.
Of rubbish for salvage;
D.
For on-site disposal, of rubbish generated by residential
activities in any city or village; or in any town with a total town population,
including incorporated or unincorporated areas, of greater than 20,000;
E.
For on-site disposal, of rubbish generated by industrial
or commercial activities other than agricultural;
F.
Of rubbish generated by land clearing or demolition for
the erection of any structure; for the construction or modification of any
highway, railroad, power or communication line, or pipeline; or for the development
or modification of a recreational area or park; and
G.
Of refuse during an air pollution episode, in an area
for which such air pollution has been designated.
Burning in an open fire, provided it is not contrary to other law, shall
be permitted as follows:
A.
Burning of land clearing and/or demolition material consisting
of wood, trees, tree trimmings, leaves, or brush, generated by land clearing
or demolition for the erection of any structure; for the construction or modification
of any highway, railroad, pipeline, or power or communication line; or for
the development or modification of a recreational area or park; provided that
such burning is done on site or at an appropriate designated burning area
and in accordance with a permit issued by the Commissioner of Environmental
Conservation of the State of New York after written application. An application
for such permit shall include the reasons why such burning should be permitted
and such other information as may be required by the Commissioner to insure
that such burning will be unlikely to result in contravention of air quality
standards or to cause air pollution. If the Commissioner approves such application
he will issue a permit which shall be for a specified period and shall contain
such conditions as are deemed necessary to prevent air pollution and contravention
of air quality standards. The permit may be revoked by the Commissioner if
there is: a failure to comply with its conditions; a violation of law in connection
with the burning; or the occurrence, or likely occurrence, of either air pollution
or contravention of air quality standards as a result of burning. Before revocation
of a permit, the permittee shall have the right to be heard; but where prompt
action is necessary because of danger to the public health or safety, or to
prevent serious air pollution, the permit may be suspended pending a hearing.
B.
Burning at an appropriate designated burning area, serving
a county, city, town, or village, of yard wastes consisting of trees, tree
trimmings, leaves, and brush; provided that such burning is done in accordance
with a permit issued by the Commissioner after written application. An application
for such permit shall include the reasons why such burning should be permitted
and such other information as may be required by the Commissioner to insure
that such burning will be unlikely to result in contravention of air quality
standards or to cause air pollution. If the Commissioner approves such application
he will issue a permit which shall be for a specified period and shall contain
such conditions as are deemed necessary to prevent air pollution and contravention
of air quality standards. The permit may be revoked by the Commissioner if
there is: a failure to comply with its conditions; a violation of law in connection
with the burning; or the occurrence, or likely occurrence of either air pollution
or contravention of air quality standards. Before revocation of a permit,
the permittee shall have the right to be heard; but where prompt action is
necessary because of danger to the public health or safety, or to prevent
serious air pollution, the permit may be suspended pending a hearing.
C.
Burning on site, in areas of the state to be designated
by the Commissioner, of paper, paper products, cartons, tree trimmings, leaves,
or lawn and garden debris.
(1)
The Commissioner will consider whether to designate such
an area after petition by governing body of a county, city, village, or town
within which such area would be located. Such petition shall include the geographical
boundaries, population density, and meteorological characteristics of such
area; the material to be burned; proposed control methods; and reasons why
burning in an open fire should be allowed in such area.
(2)
Such designation, if made, shall be by rule or regulation
adopted in accordance with § 15 of the Environmental Conservation
Law. In designating such an area, the Commissioner will set forth any conditions
deemed appropriate.
(3)
The Commissioner shall, from time to time, review air
pollution safeguards in each designated area to determine whether the designation
shall be rescinded.
D.
Burning at an appropriate designated site of toxic, explosive,
or dangerous materials; provided that such burning is done only in accordance
with a permit which will be issued by the Commissioner after written application
if he determines that there is no other safe or economical method of disposal.
Such permit will be for a specified period and shall contain such conditions
as are deemed necessary in the interest of health or safety. Such permit may
be revoked if there is: a failure to comply with its conditions; a violation
of law in connection with the burning, or an apparent serious threat to health
or safety as a result of the burning. Before revocation of a permit, the permittee
shall have the right to be heard; but where prompt action is necessary because
of danger to the public health or safety, or to prevent serious air pollution,
the permit may be suspended pending a hearing.
