There is now a law that NO burning of household garbage of ANY kind is permitted in NYS. No papers, plastic, etc may be burned. There are also very strict limitations on the burning of brush, leaves and the like. Garbage burning will result in a very heavy fine...DEC fines often range from a minimum of $500 and go up to the thousands.

I agree with the person who started this post. I too live in the area and have been unable to open our windows to get the "fresh" air in b/c every night when I try to the overwhelming STINK of burning garbage comes in. I'm SHOCKED at how careless and thoughtless these people are who continue to burn SO close to so many other homes!!!!!!!!! Considering how blatantly obvious it is where the burning is coming from ... I can't believe it's been going on for SO VERY long without authorities putting a stop to it !!!! I would LOVE LOVE LOVE to be able to open the windows in my OWN APARTMENT !!!

Call the Fire Dept. AS SOON AS you smell it, they HAVE TO respond. also take cell phone/ digicam pictures of your lovely neighbor for the cops & file a complaint with their photo at town hall. Persistence pays off in the end my friend! Been here - HAD TO FOR THE SAKE OF MY CHILD !

There is no burn ban in effect at this time. However according to Town and State Law, this homeowner must have a burn permit. Their burning must also comply with the new state law which does not allow the burning of garbage. You can call the Fire Dept. as the homeowner must also notify the 911 center prior to and after burning. The Fire Chief will check on the burning to make sure it complies with the law. If not the homeowner can be cited under both Town Law and State Conservation laws.

(Here is the text from the state law of what burning is allowed)

§215.3 Exceptions and restricted burning
Burning in an open fire, provided it is not contrary to other law or regulation, will be allowed as follows:

(a) On-site burning in any town with a total population less than 20,000 of downed limbs and branches (including branches with attached leaves or needles) less than six inches in diameter and eight feet in length between May 15th and the following March 15th. For the purposes of this subdivision, the total population of a town shall include the population of any village or portion thereof located within the town. However, this subdivision shall not be construed to allow burning within any village.

(b) Barbecue grills, maple sugar arches and similar outdoor cooking devices when actually used for cooking or processing food.

(c) Small fires used for cooking and camp fires provided that only charcoal or untreated wood is used as fuel and the fire is not left unattended until extinguished.

(d) On-site burning of agricultural wastes as part of a valid agricultural operation on contiguous agricultural lands larger than five acres actively devoted to agricultural or horticultural use, provided such waste is actually grown or generated on those lands and such waste is capable of being fully burned within a 24-hour period.

(e) The use of liquid petroleum fueled smudge pots to prevent frost damage to crops.

(f) Ceremonial or celebratory bonfires where not otherwise prohibited by law, provided that only untreated wood or other agricultural products are used as fuel and the fire is not left unattended until extinguished.

(g) Small fires that are used to dispose of a flag or religious item, and small fires or other smoke producing process where not otherwise prohibited by law that are used in connection with a religious ceremony.

(h) Burning on an emergency basis of explosive or other dangerous or contraband materials by police or other public safety organization.

(i) Prescribed burns performed according to Part 194 of this Title.

(j) Fire training, including firefighting, fire rescue, and fire/arson investigation training, performed under applicable rules and guidelines of the New York State Department of State's Office of Fire Prevention and Control. For fire training performed on acquired structures, the structures must be emptied and stripped of any material that is toxic, hazardous or likely to emit toxic smoke (such as asbestos, asphalt shingles and vinyl siding or other vinyl products) prior to burning and must be at least 300 feet from other occupied structures. No more than one structure per lot or within a 300 foot radius (whichever is bigger) may be burned in a training exercise.

(k) Individual open fires as approved by the Director of the Division of Air Resources as may be required in response to an outbreak of a plant or animal disease upon request by the commissioner of the Department of Agriculture and Markets, or for the destruction of invasive plant and insect species.

(l) Individual open fires that are otherwise authorized under the environmental conservation law, or by rule or regulation of the Department.

Unfortunately the above stated statue has been superceded. Refer to the link http://www.dec.ny.gov/chemical/58519.html
which CLEARLY illustrates that the open burning of ANY household trash is PROHIBITED in the entire state of New York, effective October 14, 2009. The reference to towns of 20,000 or less populations isin regard ONLY to the burning of tree limbs with leaves attached. Again, the open burning of household trash (papers, plastics, rubbish, etc) is UNLAWFUL in the entire state. Not to mention as stated in an earlier post, a nuisance and simply inconsiderate to the neighborhood.

"tired of smoke"
No, actually it is the CURRENT statue that I cited above. It can be viewed in its entirety at the top of the page you linked by clicking in the "new regulations" link. It is section 215 of conservation law. The part I cited in my comment 215.3 is the only allowable burning, of which garbage is not allowed.

The only local addition to this is that since The Town of Ulster falls under the part A or section 215.3, then the local town burn law that was passed several years ago still stands above and beyond the state law. This law requires people to obtain a permit prior to burning. The Fire Chief that issues the burn permit checks the best they can to make sure that the permit holder will be in compliance with sect 215.

So I would restate that if this burning continues, contact the fire dept or the Town Police.

Trust me, I know a couple of things about the subject.

call NYSDEC in New paltz and ask for ECO's. They will put a stop to it.

256-3000