[HISTORY: Adopted by the Borough Council of the Borough of
Colwyn 9-14-1972 by Ord. No. 323, approved 9-14-1972. Amendments noted where applicable.]
Whereas pollution of the air is detrimental to the health, comfort,
living conditions, welfare and safety of the citizens of Borough of
Colwyn, it is hereby declared to be the policy of the Borough of Colwyn
to safeguard the citizens of the Borough of Colwyn from air pollution.
[Amended 10-13-1983 by Ord. No. 426, approved 10-13-1983]
The following words, terms and phrases, when used in this chapter,
unless the context clearly indicates otherwise, shall have the following
meanings respectively ascribed to them:
Any source, from or by reason of which there is emitted into
the outdoor atmosphere smoke or odors, regardless of who the person
may be who owns or operates the building, premises or other property
in or on which such source is located or the facility, equipment or
other property by which the emission is caused or from which the emission
comes.
The Borough Council of the Borough of Colwyn, Pennsylvania.
Any duct, passage, stack, chimney or conduit permitting air
contaminants to be emitted into the open air.
Any furnace or other device, excluding incinerators, in which
fuel is burned for the production of steam, hot water or hot air and
from which products of combustion are the sole stack effluent.
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, sewage, sludge or other combustible waste material.
That property of a substance which affects the sense of smell.
Any unclosed fire wherein products of combustion are emitted
to the open air, and are not directed thereto through a flue.
Any individual, partnership, association, syndicate, company,
firm, trust, corporation or other entity recognized by law as the
subject of rights and duties, including any governmental agency.
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.
Salvaging or reclaiming of any product or material, including
but not limited to metals, chemicals, shipping containers or drums.
Extremely small solid particles produced by incomplete combustion
of organic substances, and includes but is not limited to fly ash,
cinders, tarry matter, unburned gases, soot or carbon and gaseous
combustion products.
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.
A.
Authorized position. The Borough Council shall appoint any municipal
officer, including a police officer, as the Air Pollution Control
Officer, together with such assistants as may be deemed necessary
to carry out the provisions of this chapter, and shall provide funds
for the expenses of the Air Pollution Control Officer.
[Amended 10-13-1983 by Ord. No. 426, approved 10-13-1983]
B.
Qualifications. The Air Pollution Control Officer shall be capable
of accurately and reliably measuring visible emissions. Other qualifications
and experience as established by the Borough Council shall be based
upon the level of experience available to enforce this chapter.
[Amended 10-13-1983 by Ord. No. 426, approved 10-13-1983]
C.
Duties. The Borough of Colwyn Air Pollution Control Officer shall
have the powers and duties to:
(1)
Enforce the provisions of this chapter and the rules and regulations
contained herein.
(2)
Receive and initiate complaints of violations of the regulations
of this chapter.
(3)
Enter and inspect any building, property, premises or place for the
purpose of investigating an actual or suspected source of air pollution
or for the purpose of ascertaining the compliance or noncompliance
with any regulation of this chapter.
(4)
Have access to and require information pertinent to any matter under
investigation.
(5)
Send written notice of any violation of this chapter to the person
responsible for the violation.
(6)
Institute prosecution for violation of the regulations of this chapter.
(7)
Render assistance and technical advice as needed to any persons engaged
in operations which may cause air pollution.
A.
No person shall cause, suffer, allow or permit excessive smoke from
any fuel-burning equipment or incinerator to be emitted into the outdoor
atmosphere, provided that smoke emitted during the cleaning of a fire
box or the building of a new fire may be excessive for a period or
periods aggregating not more than six minutes in any 60 consecutive
minutes.
[Amended 10-13-1983 by Ord. No. 426, approved 10-13-1983]
B.
No person shall conduct a salvage operation or destroy refuse by
open burning.
C.
No person shall cause, suffer, allow or permit the emission of any
noxious or offensive odor from an air contamination source.
D.
No person shall in any manner hinder, delay, obstruct, resist, prevent,
or in any way interfere with the Air Pollution Control Officer or
his assistants in the performance of their duty, hereunder, or refuse
such personnel, after proper identification, entrance at reasonable
hours to any premises.
E.
No person shall fail, neglect or refuse to comply with any written
abatement notice served on such person, either personally or by registered
or certified mail issued by the Air Pollution Control Officer of the
Borough of Colwyn. Such notice shall set forth a violation of this
chapter and a time within which the violation is to be abated. Any
person receiving such abatement notice may obtain an extension of
time to comply therewith by making application to and obtaining the
approval of the Borough Council.
[Added 10-13-1983 by Ord. No. 426, approved 10-13-1983]
Visible emissions may be measured using:
A.
Prosecutions under this chapter shall be instituted by the Borough
of Colwyn Air Pollution Control Officer and shall be prosecuted in
the name of the Borough of Colwyn, Pennsylvania. Any person violating
any of the provisions of this chapter shall, upon conviction thereof
by a District Justice, be sentenced to pay a fine of not more than
$1,000, together with the costs for violations. Each day that a violation
exists shall constitute a separate offense. In default in the payment
of any fine, the defendant shall be sentenced to jail for a period
not exceeding 30 days.
[Amended 10-13-1983 by Ord. No. 426; 11-10-1988 by Ord. No. 447]
B.
The Air Pollution Control Officer may institute an action in equity
for an injunction to restrain continuous violations of this chapter
in the event that the Air Pollution Control Officer has issued an
abatement notice which is being violated and which is not then the
subject of judicial review.
