[HISTORY: Adopted by the Board of Supervisors of Carroll Township 8-6-2013 by Ord. No. 65. Amendments noted where applicable.]
This chapter shall be known and may be cited as "the Carroll Township Air Pollution Control Ordinance of 2013."
The Board of Supervisors of the Township of Carroll, under and by virtue of and pursuant to the authority granted by the Second Class Township Code, 53 P.S. § 65101 et seq., do hereby enact and ordain this chapter.
Whereas the Board of Supervisors of the Township of Carroll has determined that air pollution from open burning may be detrimental to the health, comfort, living conditions, welfare, and safety of the citizens of Carroll Township, it is hereby declared to be the policy of Carroll Township to safeguard the citizens of Carroll Township from such air pollution.
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:
- 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. The term does not include demolition wastes and dirt-laden roots.
- 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, putrescible waste, solvents, tires, or treated wood, diapers, rubber, plastic or fiberglass material.
- 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.
- 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.
- YARD WASTE
- Leaves, grass clippings, garden residue, tree trimmings, chipped shrubbery, and other vegetative material.
After the effective date of this chapter, no person may permit the open burning of material with the exception of the following:
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.
Any fire set for the purpose of instructing personnel in firefighting.
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.
A fire set for the purpose of burning, clearing, and grubbing waste.
A fire set in conjunction with the production of agricultural commodities in their unmanufactured state on the premises of the farm operation.
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.
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 (except where composting is mandatory), when the fire is on the premises of said structure.
A fire set solely for cooking food.
A fire set solely for recreational or ceremonial purposes.
The Carroll Township Zoning Officer shall have the power and duty to enforce the provisions of this chapter.
Carroll 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 Carroll Township finds that any condition existing in or on the facility or source involved is causing or contributing to open burning or if Carroll Township finds that any person is in violation of any provision of this chapter.
Carroll 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.
An order issued under this section shall take effect upon notice, unless the order specifies otherwise. An appeal to the Board of Supervisors of Carroll Township's order shall not act as a supersedeas; provided, however, that, upon application and for cause shown, the Board of Supervisors may issue such a supersedeas under rules established by the Board of Supervisors.
The authority of Carroll 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.
Whenever the Zoning Officer finds that open burning is occurring in Carroll Township, other than those exceptions noted in § 45-5 above, the Zoning Officer may order the owner or operator to take corrective action in a manner satisfactory to Carroll Township, or the Zoning Officer may order the owner or operator to allow access to the land by the Zoning Officer or a third party to take such action.
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, Carroll 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 § 45-9 of this chapter.
Any person who violates any provision of this chapter or any order of Carroll Township issued pursuant to this chapter commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $100 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 Carroll 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 Carroll Township Counsel is hereby authorized to prosecute these offenses. For purposes of this section, a summary offense may be prosecuted before any Magisterial District Judge in Perry County. There is no accelerated rehabilitative disposition authorized for a summary offense.
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, Carroll Township may assess a civil penalty for the violation. The penalty may be assessed whether or not the violation was willful. The civil penalty so assessed shall not exceed $10,000 per day for each violation. In determining the amount of the penalty, Carroll Township shall consider the willfulness of the violation; damage to air, soil, water, or other natural resources of Carroll Township or their uses; financial benefit to the person in consequence of the violation; deterrence of future violations; cost to Carroll 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 or facility; and other relevant factors.
When Carroll Township proposes to assess a civil penalty, it shall inform the person of the proposed amount of the penalty. The person charged with the penalty shall then have 30 days to pay the proposed penalty in full; or if the person wishes to contest the amount of the penalty or the fact of the violation to the extent not already established, the person shall forward the proposed amount of the penalty to the Board of Supervisors within the thirty-day period for replacement in an escrow account with the State Treasurer or any commonwealth bank or post an appeal bond to the Board of Supervisors within 30 days in the amount of the proposed penalty, provided that such bond is executed by a surety licensed to do business in the commonwealth and is satisfactory to Carroll Township. If, through administrative or final judicial review of the proposed penalty, it is determined that no violation occurred or that the amount of the penalty shall be reduced, the Board of Supervisors shall, within 30 days, remit the appropriate amount to the person with any interest accumulated by the escrow deposit. Failure to forward the money or the appeal bond at the time of the appeal shall result in a waiver of all legal rights to contest the violation or the amount of the civil penalty unless the appellant alleges financial inability to prepay the penalty or to post the appeal bond. The Board of Supervisors shall conduct a hearing to consider the appellant's alleged inability to pay within 30 days of the date of the appeal. The Board of Supervisors may waive the requirement to prepay the civil penalty or to post an appeal bond if the appellant demonstrates and the Board of Supervisors finds that the appellant is financially unable to pay. The Board of Supervisors shall issue an order within 30 days of the date of the hearing to consider the appellant's alleged inability to pay. The amount assessed after administrative hearing or after waiver of administrative hearing shall be payable to Carroll Township and shall be collectible in any manner provided by law for the collection of debts, including the collection of interest on the penalty amount computed in accordance with Section 6621(a)(2) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.) from the date of assessment of the penalty. If any person liable to pay any such penalty neglects or refuses to pay the same after demand, the amount, together with interest and any costs that may accrue, shall constitute a debt of such person, as may be appropriate, to Carroll Township. The debt shall constitute a lien on all property owned by said person when a notice of lien incorporating a description of the property of the person subject to the action is duly filed with the Prothonotary of the Court of Common Pleas where the property is located. The Prothonotary shall promptly enter upon the civil judgment or order docket, at no cost to Carroll Township, the name and address of the person, as may be appropriate, and the amount of the lien as set forth in the notice of lien. Upon entry by the Prothonotary, the lien shall attach to the revenues and all real and personal property of the person, whether or not the person is solvent. The notice of lien, filed pursuant to this section, which affects the property of the person shall create a lien with priority over all subsequent claims or liens which are filed against the person, but it shall not affect any valid lien, right, or interest in the property filed in accordance with established procedure prior to the filing of a notice of lien under this section.
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 Carroll 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 Carroll Township or its personnel in their performance of any duty hereunder, including denying the Zoning Officer access to the source or facility; or to violate the provisions of 18 Pa.C.S. § 4903 (relating to false swearing) or 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 Carroll Township to result from the source.
A violation of this chapter or of any order issued by Carroll Township under this chapter shall constitute a public nuisance. Carroll 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, Carroll Township may recover the expenses of abatement following the process for assessment and collection of a civil penalty contained in § 45-9. 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.