Acceptable Use of Burn Barrels in New York

Burn Barrel Guidance in New York

In New York, the Department of Environmental Conservation (DEC) establishes regulations pertaining to open burning. Per 6 NYCRR § 219.1, "[n]o person shall cause or permit the emission into the outdoor air of smoke from any stack, chimney, furnace, incinerator, or other equipment or structure giving off smoke, or from any open burning, if the emissions from such activities or equipment cause excess visible emissions, or smoke emissions that create a nuisance." In addition, open burning is prohibited by 6 NYCRR § 215.1 unless it qualifies for an exception under 6 NYCRR § 215.2 (i.e., fires used exclusively for cooking food for human beings, recreation, signal fires on Wild Lands, etc.). If an open burn does not qualify for an exception under 6 NYCRR § 215.2, then the burn is only permissible if the DEC has issued a permit for the burn. Any burn that does not fall within an exception and is not permitted by the DEC is "prohibited." 6 NYCRR § 215.1. Additionally , 6 NYCRR § 215.4 provides that "no person shall cause or permit particulate matter to be emitted into the outdoor air from any fireplace, outdoor wood-burning stove, wood-fired boiler, outdoor wood-fired hydronic heater, or outdoor pellet-fueled boiler, if the emissions from such appliance constitute a nuisance, or if the emissions from such device exceed the emission limits set forth in [N.Y.C.R.R. ] Part 228."
Because burn barrels are most often constructed from discarded steel drums, once opened or cut, these materials create hazards for public health and safety, including, but not limited to: Although there are some circumstances that allow the burning of clean, untreated wood scraps in burn barrels, the regulations are designed to limit and prohibit these dangerous practices.

Health & Safety Hazards

As their name suggests, burn barrels are often used as a means of incinerating waste. This, however, comes with a number of environmental concerns. Open burning presents many health risks to humans, including exposure to toxic materials, carcinogens, and more. According to the EPA, burning household trash releases dioxins, particulate matter, carbon monoxide, heavy metals, volatile organic compounds, and other toxic additives. The most heavily affected are children, babies, and fetuses, as they tend to be exposed to higher concentrations of toxins due to their developing organs, respiratory rates, etc. These toxic fumes can also be released into the air from the burn barrel if it is not vented or covered.
Concerns such as this are why it has long been illegal in New York to burn household waste, yard waste, land-clearing debris, construction or demolition debris, or any refuse. To that end, the New York State Environmental Conservation Law strictly prohibits the open burning of refuse. Violating this law could result in a fine of $200 for an individual, or $2,000 for a corporation. This carries with it the de facto conclusion that if authorities suspect an open burn, the consequences are going to be severe.
The New York Code also allows for local ordinances that permit agricultural burn barrels. However, as the New York Department of Environmental Conservation explains, these can only be used to manage material generated on the property where the barrel is located, and only for those materials affected by the production of material crops. This is hugely influential, and draws a line between farmers and homeowners on an otherwise very blurry subject.
Whenever an open burn is requested by a firefighter, every effort must be made to comply. If, however, there are special circumstances at play, a town-wide open burn ban, or a burn permit request issued by a firefighter, exceptions may be made. In any case, the New York Code recommends that if you have any questions about burn permits, you should contact local authorities to discuss them.
As you might expect, the fact that few people understand the particulars of burn barrels has resulted in many misconceptions. Many people believe that burning anything in a barrel, particularly in rural areas, is legal. What’s more, these people tend to think that those who live in rural areas are exempt from legally required burn barrels. Some might be aware of the requirement that you burn yard waste, but they see no compelling reason to do so.
In the eyes of New York State law, any of these assumptions could carry steep penalties, ranging from $200 or $2,000. In recent years, these fines have been publicized as part of many news stories that accuse people of burning farm waste. These can easily become two completely separate problems. If you’re using a burn barrel, make sure it meets legal requirements.

Allowable Usage and Exceptions for Burn Barrels

While the use of burn barrels is theoretically illegal under the New York Environmental Conservation Law and the State Fire Prevention and Building Code, there are a few exceptions and requirements for obtaining a permit for their use.
Exceptions to the general prohibition of burn barrels: Section 2 of 6 NYCRR Part 215 provides that burn barrels that use processes approved by DEC or the US EPA do not violate the above prohibitions. Also, within "negligible risk 75 or less fires per year," farmers may burn agricultural materials such as brush, including "brush piles," "smudge pots" or "heat boards," as well as crop residue, provided that the materials have been cleaned of hazardous wastes and other forbidden materials. As always, farmers should consult with appropriate state agencies and their own counsel to ensure compliance with applicable regulations and consider the legal and environmental drawbacks of any practice they undertake.
Permit process: Under the Section 37-0111 of the ECL (the Open Burn Law), DEC is authorized to issue general permits for open burning of solid waste, including residential use of burn barrels. This regulation has not yet been promulgated but we understand that DEC anticipates finalizing it in 2008. Until then, until this regulation is finalized, the following procedures must be followed to seek a variance from DEC to use a burn barrel.
To obtain a variance, an applicant must: Having duly considered the potential impact a burn barrel may have on public health, safety and fire hazards, the DEC Commissioner makes a final decision that is made available for public inspection.
The current draft of the DEC regulations sets forth very detailed requirements for application for a variance. All interested parties should review the proposed regulations and further potential legislative changes concerning burn barrels before burning trash on the property.

Substitutes for Burning

Although burn barrels are a common means of waste disposal in rural, suburban, and even some urban settings in New York, there are a number of other ways to dispose of waste that are permissible under New York state law. As the New York Department of Environmental Conservation (DEC) underlines, burning refuse leaves behind residue in the barrel that seeps into the soil, degrades surface water quality, and harms the aquatic life present in nearby streams, rivers, and lakes. In addition, the smoke that results from this burning method has the potential to cause respiratory illnesses. Consequently, the DEC recommends that New Yorkers avoid using a burn barrel in any way. Instead, they offer a number of alternatives to burn barrels to ensure the disposal of waste materials does not pose a danger to the environment or those living around it.
For large quantities of yard waste, trimmings from shrubs and trees can be chipped into mulch or composted. Mulching leaves returns important nutrients and organic debris to the soil for their future use. The mulch is an effective insulator for perennials in the winter months and also reduces weed growth in the spring. Despite sprouting earlier this spring than last fall, brown leaves pile up in backyards and neighborhoods every year and many people choose to burn them; however, DEC has a number of alternatives for their disposal. Leaves can be placed in a compost pile where the nutrients leak into the ground and backyard wildlife can use , or if homeowners are ambitious they can turn it into a natural oasis next year. Leaves and other forms of yard waste cannot be burned in places like Long Island. In New York City, there are strict rules that set specific times for burning brush, which is specifically defined as "vegetation resulting from the clearing of trees, shrubs or other plants." Burning this type of organic debris is only permits for exceptional circumstances. Like with leaves, the best course of action in New York City is to haul brush and other yard waste to the curb for curbside collection services.
As they have emerged as a main form of waste disposal over the years, the number of commercial composting facilities has increased in New York State. Currently, there are 19 permitted and 43 registered facilities with another 26 applications pending. Most of these sites are active, but a few are old and not being used and will eventually be terminated. The DEC monitors permitted facilities to ensure the composting meets industry standards set by their guidelines. These commercially run sites are open to both residential and commercial food scraps. At the end of the processing, the facilities are required to distribute the compost to the people and companies that came in to deposit organic material. New York State runs a composting hotline that citizens can call to immediately find a local facility carrying out the process.

Fines for Illegally Burning

The DEC enforcement of these regulations is typically at the local level, with local police responding to complaints that someone is using a burn barrel. In areas with significant legal and illegal burning, the DEC may conduct surveillance operations to catch illegal burn barrel users in the act. A complainant can also report illegal burning to the appropriate town, village, or city authorities. Whether or not a local official issues a ticket for illegal burning, however, does not diminish the authority of an enforcement agent from the DEC to issue a ticket.
Ticket and fines for first instances of illegal burning amount to less than $500 on average , but repeat offenders may face significantly higher penalties up to $5,000. In addition, the DEC may revoke burning permits in cases of repeat offenses. The DEC categorizes fines into three categories: Typical cases of illegal burning include burning prohibited items, burning during a burn ban (April 1 to September 30), or burning near an area of high smoke sensitivity, such as a school or hospital. The DEC regularly publicizes enforcement cases in an effort to deter instances of illegal burning and emphasize the importance of filing complaints regarding improper burn barrel use.