[HISTORY: Adopted by the Borough Council of the Borough of New Wilmington
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-15-1972 by Ord. No. 330
(Ch. VIII, Part 2, of the 1967 Code)]
This article shall be known and may be cited as the "New Wilmington
Air Pollution Control Ordinance of 1972."
Whereas the Borough Council of the Borough of New Wilmington 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 New Wilmington, it
is hereby declared to be the policy of New Wilmington to safeguard the citizens
of New Wilmington from such air pollution.
The following words, terms and phrases, when used in this article, unless
the context clearly indicates otherwise, shall have the following meanings
ascribed to them:
An agent designated by Council to enforce this article and to grant
exceptions under § 86-B(2).
The Borough Council of the Borough of New Wilmington.
Any enclosed device specifically designed for the burning of any
material for the production of heat.
All putrescible animal and vegetable matter resulting from the handling,
preparation, cooking and consumption of food.
Any device specifically designed for the destruction by burning of
refuse or any other combustible material, which has been individually inspected
and approved for burning of refuse or other combustible material by the Burning
Official or any official of the Pennsylvania Department of Health or Pennsylvania
Department of Environmental Protection.
A fire in which any material is burned in the open or in a receptacle
other than a furnace or incinerator.
Any individual, partnership, association, syndicate, company, firm,
trust, corporation, department, bureau, agency or other entity recognized
by law as the subject of rights and duties.
Garbage, rubbish and trade waste.
Solids not considered to be 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.
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.
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 the mining or preparation of coal.
The Borough Police, the Fire Chief of the New Wilmington Volunteer Fire
Company, the Burning Official or any other duly authorized agent designated
by Council shall have the power and duty to enforce the provisions of this
article.
A.
After September 1, 1972, 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.
[1]Destruction by burning in an outdoor incinerator of refuse or any
other combustible material is permitted, provided that the incinerator or
burning device meets the qualifications set out as part of this article by
the definition of "incinerator" and provided that the burning device or incinerator
is being, and will continue to be, operated and maintained in accordance with
good air pollution control practices.
[1]
Editor's Note: Former Subsection B, Exceptions, was repealed
11-5-2001 by Ord. No. 459. This ordinance also provided for the redesignation
of former Subsection C as Subsection B.
[Amended 1-3-2000 by Ord. No. 442]
Any person violating any of the provisions of this article shall, upon
conviction thereof by any District Justice, be sentenced to pay a fine not
exceeding $600, plus costs of prosecution for each offense. Each day a violation
exists shall constitute a separate offense.
