Borough of Charleroi, PA
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Charleroi 10-8-1991 by Ord. No. 873 as Ch. 43, Art. I, of the 1991 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 289.

§ 101-1 Title.

This chapter shall be known and may be cited as the "Borough Air Pollution Control Ordinance."

§ 101-2 Policy.

Whereas the Council of the Borough has determined that air pollution from an open fire may be detrimental to the health, comfort, living conditions, welfare and safety of the citizens of the Borough, it is hereby declared to be the policy of the Borough to safeguard the citizens of the Borough from such air pollution.

§ 101-3 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:
FURNACE
Any enclosed device specifically designed for burning of any material for the production of heat.
GARBAGE
All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
INCINERATOR
Any device specifically designed for burning of any material for the production of heat.
OPEN FIRE
A fire in which any material is burned in the open or in a receptacle other than a furnace or incinerator.
REFUSE
Garbage, rubbish and trade waste.
RUBBISH
Solids not considered too highly flammable or explosive, including but not limited to rags, old clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, tree branches, tree leaves, yard trimmings, furniture, tin cans, glass, crockery, masonry and other similar materials.
SALVAGE OPERATION
Any business, trade or industry engaged in whole or in part in salvaging or reclaiming any product or material, including, but not limited to, metals, chemicals, shipping containers or drums.
TRADE WASTE
All solid or liquid material or rubbish resulting from construction, building operations, or the prosecution of any business, trade or industry, including, but not limited to, plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste materials; provided, however, that "trade waste" shall not include any coal refuse associated with mining or preparation of coal.

§ 101-4 Prohibited acts; exceptions.

A. 
No person shall:
(1) 
Ignite or feed an open fire for the destruction of refuse or in the conduct of a salvage operation in any public or private place outside of any building; or
(2) 
Cause, suffer, allow or permit the maintenance of any open fire for the destruction of refuse or in the conduct of a salvage operation on any property under his control outside of any building.
B. 
Exceptions.
(1) 
Open fires may be set in the performance of an official duty by any public officer if the fire is necessary for:
(a) 
The prevention of a fire hazard which cannot be abated by other means.
(b) 
The protection of public health.
(2) 
Open fires may be set with the approval of the authorized enforcement agent of this chapter, provided:
(a) 
Only rubbish is burned; and
(b) 
There is no practical, available, alternate method for the disposal of the material to be burned; and
(c) 
No hazardous or other objectionable condition will be created by such burning.

§ 101-5 Enforcement. [1]

The Borough's Code Enforcement Officer, the Police Department or any duly authorized agent shall have the power and duty to enforce the provisions of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 101-6 Violations and penalties. [1]

Penalties are as set forth in the Air Pollution Control Act, 35 P.S. §§ 4009 and 4009.1.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).