HAWLEY OPPOSED TO NEW BURN BAN REGULATIONS

Outlines Effects of New DEC Statewide Burn Ban Regulations

Assemblyman Steve Hawley (R, I, C – Batavia) today discussed his ardent opposition to the state Department of Environmental Conversation’s (DEC) new statewide burn ban regulations while appearing on a series of radio interviews, including WHAM Talk Radio.  The new regulations, which prohibit open fires in populations greater than 20,000, were announced by the DEC last week.

“While the DEC claims that there will be no additional mandates for local governments, that is clearly untrue.  In fact, the DEC admits that local government waste managements will have to expand in order to accommodate the increased amount of waste the burn ban will create.  Additionally, even though the DEC estimates that the additional cost to residents would be around $50 per ton of waste, Western New Yorkers’ household budgets are already squeezed too hard.  How much more ‘big government’ can our rural communities take?” asked Hawley, who voted against a similar piece of legislation, A.5457 of 2007, when it came before the Assembly (the bill was held in committee in 2008).

After the failure of such legislation to pass both houses of the State Legislature, discussions about instituting new statewide burn ban regulations began in the spring of 2008.  Immediately, Hawley contacted the DEC to express his opposition to the measure and his feelings that creating a new regulation, in lieu of a law, was circumventing the legislative process.  Additionally, that July, when the DEC held public hearings regarding the initiative, Hawley appeared before the panel to verbally express his opposition.

Due to the widespread opposition from rural communities regarding a statewide burn ban, the proposal was changed slightly to allow for a number of exemptions, including allowing on-site burning in towns with populations less than 20,000.  This and a dozen other exemptions were included as part of the DEC’s final burn ban proposal announced several days ago, yet no provisions were outlined to assist local governments in affording or accommodating the increased amounts of waste.  As detailed in the DEC’s “Express Terms 6 NYCRR Part 215:”

“This is due, for the most part, to the 6 NYCRR Part 360 Regulations which were promulgated on December 15, 1988. These regulations required each county to be responsible for the management and disposal of all municipal solid waste generated in their area. Most counties formed solid waste management associations and either built a landfill, built a series of transfer stations, or both. In turn, the municipalities which were now responsible for waste disposal would pay for the cost of disposal by raising taxes, charging fees at transfer stations, or both. For example, a rural community with a population of 1000 might expect their cost of transport and disposal of solid waste to increase by as much as $12,155.00 per year. This is based on data provided by the Division of Solid and Hazardous Materials and assumes the following worst case factors: one resident in three currently uses a burn barrel to dispose of their waste; an average person produces four pounds of solid waste a day; and the cost of transport and disposal of solid waste is $50.00 per ton…

“There will likely be a need for more employees (or employee hours) at rural solid waste transfer stations and at private waste haulers. Rural solid waste transfer stations are usually small facilities where residents bring their refuse, leaves, brush and recyclables. They typically consist of nothing more than a few roll-off containers into which residents deposit their wastes. When the containers are full, they are carted off to a permitted, composite lined solid waste landfill.

“Due to the potential increase in the amount of household waste, brush, and land clearing debris, communities may need to upgrade these transfer facilities. Most rural transfer stations are located on adequate land for expansion; many of them being located at a former landfill which was closed under 6 NYCRR Part 360 regulations. Upgrades would primarily consist of large trash compactors for household refuse, and wood chippers or tub grinders for brush and land clearing debris. Some communities currently rent tub grinders on a weekly or monthly basis to reduce brush/limbs to wood chips or mulch. These products can in turn be given back to the residents or used in municipal landscaping projects.”

As Hawley explains, “Sure, right now, a waste facility in a rural community may consist of just a few bins so, in theory, asking a local government to purchase a couple more bins doesn’t seem like a huge deal.  However, the reason why there is such little waste, as used in their statistics, is because in rural communities like ours, people burn their waste to keep it out of the landfills.  The statistics that the DEC is using are not realistic, therefore, the ‘marginal’ costs they estimate for our communities cannot be on target either.”

The DEC plans to submit their proposed regulation to the state within the next few days.  If approved, the new regulation would go into effect after 30 days.  However, Hawley has signed onto and supports A.7414, bipartisan legislation to prohibit the DEC from restricting the burning of garbage, refuse or rubbish in an open fire on land possessed by a single family or any part of a farm under certain circumstances.

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Here's an interesting story from the D&C that could have local implications: State lacks standards for private well water.

In another test, arsenic above recommended levels was found in the water, and now Wagner faces the expense of hooking up to the public water supply.

"It's the state that let us down," Wagner said. "Everybody should be assured that if a well is tested before the sale of a home, it's fully tested."

New York doesn't require that well water ever be tested at all and there are no state cleanliness standards for private wells. The 10-parts-per-billion federal and state arsenic standard, for example, applies to public systems but not to private wells.

And the state also doesn't know how many wells are in use or where they are. Well-owners in New York — one estimate puts the total at 1.5 million — are largely left on their own.

How's your well water, if that's what you use?  Have you ever had it tested? Have you bought a house only to find the well water wasn't what you expected?  Have you had trouble getting into a water district so you could get off well water?

Its often risky to propose a blanket assumption, but it seems fair to say that the actions of the pilot in this week's airplane accident in New York City saved the lives of the 155 people in his care. There's no doubt that the selfless, reflexive response by the boat pilots and emergency personnel in the immediate accident area were instrumental in saving lives, but without the steady, competent actions of this experienced airman, much of what followed would have been a recovery effort instead of a rescue.

The commercial airline industry is one of the most regulated industries in America. The pilots are held to very high standards and repeated testing. Its not like taking a 5-hour pre-licensing course and then never undergoing any further examination. Commercial airline pilots don't get a pass for passing one test. This instance demonstrates that sort of strict regulation saves lives.

In addition, that sort of strict regulation seems to also select exceptional individuals. Reports indicate that the pilot not only managed to land the airplane safely in a dire circumstance, he felt that his responsibility for the people in his care demanded that he walk the length of the passenger cabin twice to ensure that everyone got out while the plane was sinking in the frigid waters of the Hudson River. This wasn't a stroll down the sunny boardwalk; passengers reported that water was already rising as they were making their way to safety, yet this man waded through the rising flood of icy water to try to ensure the safety of his charges What makes it even more an amazing demonstration of assumed care and responsibility is because he saw it as his duty. Nothing extraordinary. These passengers placed their safety and well-being in his hands and Chelsey "Sully" Sullenberger is made more heroic because he did his due diligence in the manner that any fireman, volunteer or otherwise, any law enforcement officer, emergency medical tech, soldier, sailor, airman, or marine would respond. Honor comes from doing your duty.

Its only because his actions and the professional response of rest of the flight crew saved all of the people on-board the aircraft that I feel comfortable contrasting how this result of the strict supervision of the airline industry contrasts with the calamitous after-effects Americans have suffered because of the abandonment of attention in so many other industries. Food safety. Drug safety. Financial regulation. Import inspection. As attentions have lapsed, as supervision has been abandoned, as accommodations have been made to further corporate interests and profits, people have been sickened, killed and pauperized. Imagine if we applied the same standards to air traffic safety that have been extended to other industries. Not only wouldn't this story have had such a fortunate and inspiring ending, we'd instead be deluged daily by stories of airplane after airplane spiraling into the craters that would surround most major airports. If we had ignored airline industry regulation to the extent that we've swallowed the fairy tales that the corporate mercenaries who bankrupted America have our best interests foremost in their kindly hearts, no one would venture to travel further off the ground than a Greyhound bus seat.

The slickest salesmen in America aren't the infomercial hucksters that populate cable television's off-peak hours. They aren't the guys who try to sell you a driveway sealing job that consists of pouring used motor-oil on your blacktop driveway. They're the ones who insist that national and international corporations have your best interests at heart and can only serve to improve your economic situation if they're allowed to operate under rules that would shame a 17th Century pirate. Then, just before they dive-bomb us into life-sucking disaster, they'll abandon the airplane beneath golden parachutes. They're the ones who insist that if you leave them alone to deal with things as they see fit, they'll respond just as nobly as the people in whose hands we daily place our lives.

They won't come even close to that standard of decency and duty.