Five individuals attended the Department of Environmental Conservation public hearing on Monday at Herkimer County Community College regarding a proposal for regulations on open burning across the state.
The proposal states no person is allowed to burn in an open fire notwithstanding several exceptions or restricted burning circumstances.
During a question and answer portion prior to the official hearing, Greg LaBarge, representing DEC environmental engineer, invited the few gathered to make comments on the record.
The public input being important because the final outcome of the regulation is based on Governor David Paterson’s weighing of the submitted suggestions or problems.
“Each comment is a vote,” said LaBarge, adding the department has received roughly 1,000 thus far via e-mail, at hearings, or through mailed cards. “Often times a rule will change.”
 Unlike similar forums held in the Adirondacks and Catskill regions that received ample opposition, many residents in Herkimer County did not turn out to voice concerns.
LaBarge attributed the minimal turnout possibly to the fact the county has existing regulations in place on “burn barrels.”
With the term being used since 1990 in Oneida and Herkimer County to define what residents may not burn, such as garbage and commercial and industrial waste.
Two members of the German Flatts Fire Department made reference to a lack of enforcement of these existing laws.
The main focus of the state-wide ban is to avoid loopholes in the language among the municipalities that are truly responsible for enforcement of burning.
There can either be legislation, in which the state or federal level lawmakers allow all agencies to enforce the burning rules, or there can be regulations, such as the DEC currently employs or is proposing, according to LaBarge.
The legislation approach being most useful through town ordinance, “Always prefer to enforce it (burning) locally because you can get there,” he said, responding to an unofficial comment on slow DEC response.
The DEC “wanted to get out of permitting business,” he said. Being in reference to the previous practice of allowing open burning through the oversight and approval from long-abandoned fire towers manned by fire rangers.
Also, the DEC Solid Waste Bureau started addressing the issue of harmful pollutants caused by burning synthetic materials and most of all plastics.
The “old rule” allowed the burning of pretty much everything from plastics to tires, according to LaBarge.
Tests conducted on the environmental impact of carbon monoxide and particulate matter provided comparative studies equating the burning of 100 pounds of mixed municipal waste to driving 88,000 miles in a midsize pickup truck, he expounded. 
In an effort to cut down on pollutants from mostly synthetics and plastics the language of regulatory authority is being specified.
The only way for residents to change the resolution, before a legislative action would be required to do so in the future, is to make a suggested addition to the exceptions and restrictions.
The deadline for comments to be submitted is 5 p.m. on Aug. 14, with full implementation coming at the end of the year.   
The proposals current exceptions are as follows:
• Barbecue grills, maple sugar arches, and similar outdoor cooking devices when actually used for cooking or processing food.
• Small fires, 3 by 3 feet, for cooking and camp fires provided that only charcoal or natural untreated wood is used as fuel and fire is not left unattended until extinguished.
• On-site burning of agricultural wastes, either grown or generated and non-plastic and able to be burned in 24 hours, on their lands larger than 5 acres for agricultural or horticultural use.
• The use of liquid petroleum fueled smudge pots to prevent frost damage to crops.
• Ceremonial or celebratory bonfires where not otherwise prohibited by law. (With this vague language receiving comment by those in attendance and LaBarge).
• Police burning of explosives and contraband.   
• Fires to dispose of religious items and flags.
• Fire Department training.
• Approved fires for outbreaks of animal disease.
Any individuals interested in making comments can e-mail 215fires@gw.dec.state.ny.us., or mail them to Robert J. Stanton, P.E., Division of Air Resources, 625 Broadway, Second Floor, Albany, NY 12233-3254.