ATHENS -- Burning construction and demolition debris is now against the law in Athens.

Voters at Friday's election approved an ordinance to regulate the burning of the debris by a 160 to 104 margin.

Citizens Against Pollution In Town (CAPIT), which successfully fought construction of a biomass plant in town, worked last year to craft the ordinance, which regulates the burning of construction and demolition debris.

Selectmen unanimously approved in January a six-month extension of a moratorium on commercial burning of so-called C&D waste. It was the second extension of a moratorium originally enacted by residents during last year's town meeting.

In announcing details of the ordinance in January, Craig Denis, spokesman for the group, which opposed the GenPower biomass plant, said the ordinance would not ban the burning of wood waste. As described in the ordinance, wood waste includes brush, stumps, untreated lumber, bark, wood chips and other wood not mixed with other solid or liquid waste. The ordinance does not affect burning wood in wood stoves, nor would it affect a proposed pellet plant.

Debris such as railroad ties, telephone poles and general refuse from a demolished home are banned.

The group members spent more than two years crafting the ordinance, which places a permanent ban on the burning of C&D debris. Members hope to prevent any other biomass company from setting up shop in town. As written for town meeting consideration, the ordinance protects the health, safety and general welfare of residents.

Findings in the ordinance conclude that the commercial burning of C&D debris poses a serious and greater risk to the health of residents than it does to the people who do not live, work or are located near such a facility.

Since the moratorium was enacted last March, CAPIT has fought in legislative hearings against Massachusetts-based GenPower's plan to build a biomass facility at the former Boralex biomass facility on Route 150, which closed in 2002. Thou the state Department of Environmental Protection vouched for the safety of the GenPower plant, the group argued that emissions from the biomass plant would pose a serious health hazard.

Landowner Linkletter & Son eventually allowed its lease offer to GenPower to expire. Linkletter subsequently announced plans to combine with a Belmont company to build a mill that will produce wood pellets.

Craig Crosby -- 861-9253

ccrosby@centralmaine.com