FLY CREEK - The town of Otsego will hold a public hearing next month on local legislation which would regulate the outdoor burning of garbage and rubbish.

Town board member Meg Kiernan said this week that she believes it is time regulate burning because of the danger it poses to public health and the environment.

Kiernan, who was elected to the board in November, said the issue had come up before, but never went anywhere. The new town board, she said, seemed more interested and willing to discuss the issue.

The proposed law bans the burning of rubbish, debris, trash or garbage in burn barrels, open pits, indoor or outdoor furnaces, incinerators and woodstoves. The law does not prohibit the legitimate use of indoor or outdoor fireplaces, woodstoves, furnaces, barbecue pits, or grills, or any burning for which a permit is obtained by the Department of Environmental Conservation or any other proper issuing authority.

Martha Clarvoe, special projects manager for the Otsego County Conservation Association, made a presentation to the town board last month about outdoor burning and Kiernan said she was surprised to hear estimates of how many people still burn their trash.

Clarvoe, who is also a member of the Otsego County Burn Barrel Committee, said this week that research consistently finds that nearly one-third of the population burns their trash. That figure is similar to the results of a survey the county committee conducted at the county fair.

Enforcement of the proposed law would fall to the town code enforcement officer who could act on a complaint or observe a violation. Violators would be issued an appearance ticket for town court. Violations are punishable by a fine of not more than $100.

"Burning household trash can cause harmful health effects due to the release of potentially dangerous compounds found in backyard fires," said Department of Environmental Conservation regional director Steve Schassler.

According to the DEC, the burning of synthetic compounds like plastics causes the release of dioxins and other potential carcinogens. The lower temperature and smoldering fires often found in burn barrels result in harmful fumes being released into the air and hazardous materials deposited in the ash.

Instead of burning, the DEC encourages people to reduce waste by buying products with less packaging, reuse as much as possible and recycle what can't be reused.

Kiernan said people are burning materials which could be recycled. With a transfer station in the town of Otsego, she said, there is no reason why people can't dispose of those materials properly.

Mary Ashwood, the chair of the county's burn barrel committee, said she was "very pleased" to hear of the town's proposed local law.

"I'm glad the town of Otsego is willing to initiate their own legislation to ban the outdoor burning of trash and hope that others follow the example and pass their own regulations.

Ashwood said the committee has advocated a county-wide ban on outdoor trash burning, but the county board of representatives has continually said education is necessary before people would accept a ban.

The town of Otsego's public hearing will be held on Wed., April 12, at 7 p.m. in the town hall. Copies of the proposed legislation are available from the town clerk during regular business hours.