Township of Daugherty, PA Chapter 57 BURNING, OPEN

[HISTORY: Adopted by the Board of Supervisors of the Township of Daugherty 8-12-2010 by Ord. No. 133

Editor's Note: This ordinance also repealed Ord. Nos. 77 and 85.

. Amendments noted where applicable.]

GENERAL REFERENCES

Property maintenance — See Ch. 120.

057a Attach A

§ 57-1 Short title.

This chapter shall be known and may be cited as the "Daugherty Township Burning Ordinance."

§ 57-2 Authority.

This chapter is enacted pursuant to the authority conferred by the Second Class Township Code.

§ 57-3 Statement of findings.

The Board of Supervisors of Daugherty Township has determined that air pollution from open burning may be detrimental to the health, comfort, living conditions, welfare, and safety of the citizens of Daugherty Township; it is hereby declared to be the policy of the Board of Supervisors to safeguard the citizens of Daugherty Township from such air pollution.

§ 57-4 Definitions.

The following words, terms and phrases, when used in this chapter, unless the context clearly indicates otherwise, shall have the following meanings ascribed to them:

AIR BASIN

A geographic area of this commonwealth as delimited in Attachment A.

Editor's Note: Attachment A is included at the end of this chapter.

AIR CURTAIN DESTRUCTOR

A mechanical device which forcefully projects a curtain of air across a pit in which open burning is being conducted so that combustion efficiency is increased and smoke and other particulate matter are contained.

BOARD OF SUPERVISORS

The Board of Supervisors of Daugherty Township, Beaver County, Pennsylvania.

BURNING

The act of consuming by fire; to flame, char, scorch or blaze. As used in this chapter, "smoldering" shall have the same meaning as burning and any smoldering shall be deemed a burning.

CLEARING AND GRUBBING WASTES

Trees, shrubs and other native vegetation which are cleared from land during or prior to the process of construction of major subdivision and/or land developments. The term does not include demolition wastes and dirt-laden roots.

COMPOSTING

The process by which organic solid waste is biologically decomposed under controlled anaerobic or aerobic conditions to yield a humus-like product.

DOMESTIC REFUSE

Waste which is generated from the normal occupancy of a structure occupied solely as a dwelling by two families or less. The term does not include appliances, carpets, demolition waste (insulation, shingles, siding, etc.), furniture, mattresses or box springs, paint, plastics, putrescible waste, solvents, tires, or treated wood.

ENFORCING OFFICER

Any agent duly authorized by the Board of Supervisors to enforce the provisions of this chapter.

MUNICIPALITY

A city, incorporated town, township, borough, county, municipal authority, or other public body created under state law having jurisdiction over the disposal of sewage, industrial wastes, or other wastes.

OPEN BURNING

A fire, the air contaminants from which are emitted directly into the outdoor atmosphere and not directed thereto through a flue.

PERSON

Any individual; public or private corporation, for profit or not for profit; association; partnership; firm; trust; estate; department; board; bureau or agency of the commonwealth or the federal government; political subdivision; municipality; district; authority; or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.

TOWNSHIP

Daugherty Township, a Second Class Township located in Beaver County, Pennsylvania.

YARD WASTE

Leaves, grass clippings, garden residue, tree trimmings, chipped shrubbery, and other vegetative material.

§ 57-5 Regulations.

A. After the effective date of this chapter, no person may permit the open burning of any material, with the exception of the following:

(1) A fire set to prevent or abate a fire hazard, when approved by the Department of Environmental Protection's Regional Air Quality Program office and set by or under the supervision of a public officer.

(2) Any fire set for the purpose of instructing personnel in firefighting, when approved by the Department of Environmental Protection's Regional Air Quality Program office.

(3) A fire set for the prevention and control of disease or pests, when approved by the Department of Environmental Protection's Regional Air Quality Program office.

(4) A fire set for the purpose of burning clearing and grubbing waste. If within an air basin, an air curtain destructor must be used and must be approved by the Department of Environmental Protection's Regional Air Quality Program office.

(5) A fire set in conjunction with the production of agricultural commodities in their unmanufactured state on the premises of the farm operation.

(6) A fire set for the purpose of burning that amount of domestic refuse generated from one dwelling, when the fire is on the premises of a structure occupied solely as a dwelling by two families or less and when the refuse results from the normal occupancy of said structure.

(7) A fire set for the purpose of burning that amount of yard waste generated from the premises of a structure occupied solely as a dwelling by two families or less, when the fire is on the premises of said structure.

(8) A fire set solely for cooking food.

(9) A fire set solely for recreational or ceremonial purposes.

B. Open burning shall be prohibited on Sundays and all federal holidays designated under federal law (5 U.S.C. § 6103). Open burning described in Subsection A(8) and (9) above shall be exempt from this provision.

C. Open burning shall be prohibited between the hours of 4:00 p.m. Eastern standard time and 8:00 a.m. Eastern standard time. Open burning described in Subsection A(5), (8) and (9) above shall be exempt from this provision.

D. Open burning of any kind shall be prohibited on any public street or right-of-way.

E. Open burning of any kind shall be prohibited unless conducted under constant adult supervision.

F. Open burning of any kind shall be prohibited within 20 feet of any structure or property line.

G. Open burning of any kind shall be prohibited unless the person responsible for the open burning has adequate fire protection equipment on site to prevent the spread of the fire.

H. Open burning of any kind shall be prohibited unless it is conducted within a steel, stone, earth or concrete containment structure, including but not limited to steel barrels, wire baskets, fire pits and rings, and outdoor fireplaces.

(1) In the event that the quantity of material to be burned is of such quantity as to render it impractical to place in a containment structure, then in that event open burning shall not be permitted unless the person contacts Beaver County Emergency Services, and the Daugherty Township Volunteer Fire Department is placed on call.

I. Open burning shall be prohibited upon declaration by the Daugherty Township Fire Chief that unsafe conditions exist due to drought.

§ 57-6 Enforcement.

A. Officers of the New Brighton Police Department, the Zoning and Codes Officer, or any other duly authorized agent shall have the power and duty to enforce the provisions of this chapter.

B. The Township may issue such orders as are necessary to aid in the enforcement of the provisions of this chapter. These orders shall include, but shall not be limited to, orders requiring persons to cease unlawful open burning which, in the course of its occurrence, is in violation of any provision of this chapter; orders to take corrective action or to abate a public nuisance; orders requiring the testing, sampling, or monitoring of any open burning; or orders requiring production of information. Such an order may be issued if the Township finds that any condition existing in or on the facility or source involved is causing or contributing to open burning or if the Township finds that any person is in violation of any provision of this chapter.

C. The Township may, in its order, require compliance with such conditions as are necessary to prevent or abate open burning or effect the purposes of this chapter.

D. The authority of the Township to issue an order under this section is in addition to any remedy or penalty which may be imposed pursuant to this chapter. The failure to comply with any such order is hereby declared to be a public nuisance.

§ 57-7 Responsibility of owners and operators.

A. Whenever the enforcing officer finds that open burning is occurring in the Township, other than those exceptions noted in § 57-5 above, the enforcing officer may order the owner or operator to take corrective action in a manner satisfactory to the Township, or the enforcing officer may order the owner or operator to allow access to the land by the enforcing officer or a third party to take such action.

B. For purposes of collecting or recovering the costs involved in taking corrective action or pursuing a cost recovery action pursuant to an order or recovering the cost of litigation, oversight, monitoring, sampling, testing, and investigation related to a corrective action, the Township may collect the amount in the same manner as civil penalties are assessed and collected following the process for assessment and collection of a civil penalty contained in § 57-9 of this chapter.

§ 57-8 Criminal penalties.

Any person who violates any provision of this chapter or any order of the Township issued pursuant to this chapter commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $300 nor more than $2,500 for each separate offense and, in default of the payment of such fine, may be sentenced to imprisonment for 90 days for each separate offense. Employees of the Township authorized to conduct inspections or investigations are hereby declared to be law enforcement officers authorized to issue or file citations for summary violations under this chapter, and the Township Solicitor is hereby authorized to prosecute these offenses. For purposes of this section, a summary offense may be prosecuted before any Magisterial District Judge in this Township. There is no accelerated rehabilitative disposition authorized for a summary offense.

§ 57-9 Civil penalties.

A. In addition to proceeding under any other remedy available at law or in equity for a violation of a provision of this chapter or any order issued pursuant to this chapter, the Township may assess a civil penalty for the violation in accordance with the provisions of the Air Pollution Control Act (APCA), as amended, 35 P.S. § 4012 [Sections 9, 9.1, and 12(g)].

Editor's Note: See 35 P.S. §§ 4009, 4009.1 and 4012(g), respectively..

The penalty may be assessed whether or not the violation was willful. The civil penalty so assessed shall not exceed $2,500 per day for each violation. In determining the amount of the penalty, the Township shall consider the willfulness of the violation; damage to air, soil, water, or other natural resources of the Township or their uses; financial benefit to the person in consequence of the violation; deterrence of future violations; cost to the Township; the size of the source or facility; the compliance history of the source; the severity and duration of the violation; degree of cooperation in resolving the violation; the speed with which compliance is ultimately achieved; whether the violation was voluntarily reported; other factors unique to the owners or operators of the source of facility; and other relevant factors.

B. The Township, through its Solicitor, may institute injunctive, mandamus or any other appropriate action or proceeding at law or in equity for the enforcement of this chapter. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus or other appropriate forms of remedy or relief.

C. Nothing contained in this section shall be construed or interpreted to grant any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.

§ 57-10 Appeals.

Any person aggrieved by any action of the Township or its designee relevant the provisions of this chapter may appeal to the relevant judicial or administrative body according to law within the time period allowed.

§ 57-11 Unlawful conduct.

It shall be unlawful to fail to comply with or to cause or assist in the violation of any of the provisions of this chapter or to fail to comply with any order or other requirement of the Township; or to cause a public nuisance; or to cause air, soil or water pollution resulting from an open burning incident; or to hinder, obstruct, prevent or interfere with the Township or its personnel in their performance of any duty hereunder, including denying the enforcing officer access to the source or facility; or to violate the provisions of 18 Pa.C.S.A. § 4903 relating to false swearing or 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities in regard to papers required to be submitted under this chapter. The owner or operator of an open burning source shall not allow pollution of the air, water or other natural resources of the Township to result from the source.

§ 57-12 Public nuisances.

A violation of this chapter or of any order issued by the Township under this chapter shall constitute a public nuisance. The Township shall have the authority to order any person causing a public nuisance to abate the public nuisance. In addition, when abating a public nuisance, the Township may recover the expenses of abatement following the process for assessment and collection of a civil penalty contained in § 57-9. Whenever the nuisance is maintained or continued contrary to this chapter or any order issued pursuant to this chapter, the nuisance may be abatable in the manner provided by this chapter. Any person who causes the public nuisance shall be liable for the cost of abatement.