TOWN OF HURON
Local Law No. 7
of the Year 2005
A Local Law to Restrict Solid
Waste Disposal and Burning
Be it enacted by the Town Board of the Town of Huron as follows:
1. Definitions. For purposes of this law, the following words shall have the following meanings:
(a) "Solid waste" shall be defined by Environmental Conservation Law §19-0306.
(b) "Open burning" shall mean the combustion of any material or solid waste in the absence of any of the following characteristics: (i) control of combustion air to maintain adequate temperature for efficient combustion; (ii) containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; or (iii) control of emissions of gaseous combustion products.
(c) "Recyclables" shall mean materials intended at one time to be recycled or reused, including paper, plastics, glass, metal and styrofoam.
(d) "Yard waste" shall mean leaves, grass clippings, garden debris, tree branches, limbs and other similar wood materials.
(e) "Land clearing debris" shall mean vegetative matter, soil and rock resulting from activities such as land clearing, agricultural activities and grubbing, utility line maintenance, or seasonal or storm-related cleanup such as crops, trees, stumps, brush and leaves, and including wood chips generated from such materials.
(f) "Agricultural materials" shall mean natural fiber products, including but not limited to paper or burlap livestock feedbags, in compliance with Environmental Conservation Law §37-0205, that are used in the course of agricultural activities.
2. Disposal. No person shall dispose of solid waste, including recyclables, except for land clearing debris, yard waste, or agricultural materials, within the Town of Huron, except at a facility that is both: (a) permitted by the New York State Department of Environmental Conservation, pursuant to the Environmental Conservation Law and the regulations promulgated under that law, or exempt from such state permitting requirements; and (b) permitted by the Town Board, pursuant to section 45.20(h) of the Town of Huron Zoning Law, being Local Law No. 1 of 1973, as amended.
3. Burning. No person shall cause, suffer, allow or permit open burning of any solid waste, except for land clearing debris, yard waste, or agricultural materials, within the Town of Huron. The provisions of this section shall not apply to fire training, fire prevention or fire fighting activities of any fire company or fire department.
4. Farms. This law shall not apply to farm operations located within an agricultural district designated pursuant to Agriculture and Markets Law Article 25-AA.
5. Invalidity. If any provision of this law is determined to be unconstitutional or invalid, the validity and enforceability of the remainder shall not be affected.
6. Effective Date. This local law shall take effect upon filing with the Secretary of State.
