[HISTORY: Adopted by the Borough Council of the Borough of
Bath 7-7-2014 by Ord. No. 2014-642. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Borough
of Bath Air Pollution Control and Open Burning Ordinance."
Whereas the Council of the Borough of Bath has determined that
air pollution from an open fire and the open burning of leaf waste
and recyclable materials may be detrimental to the health, comfort,
living conditions, welfare and safety of the citizens of the Borough
of Bath, it is hereby declared to be the policy of the Borough of
Bath to safeguard the citizens of the Borough of Bath from such air
pollution.
The following words, terms and phrases, as 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.
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 laden roots.
Borough Council.
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, sewage sludge or any other combustible material.
Leaves, garden residues, shrubbery and tree trimmings, and
similar material, but not including grass clippings.
A fire, the air contaminants from which are emitted directly
into the outdoor atmosphere and not directed thereto through a flu,
furnace or incinerator. As used in this chapter, open burning shall
have the same meaning as open fire and the phrases may be used interchangeably.
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.
Clear glass bottles/jars, colored glass (amber, green and
brown) bottles/jars, plastic: PET and HDPE bottles, aluminum cans,
steel and bimetallic cans, newsprint, high-grade officer paper, other
marketable grades of paper, mixed paper, junk mail, magazines, catalogs,
polycoated paper containers, corrugated cardboard (OCC), empty aerosol
cans, leaf waste, yard waste, telephone books, commingled materials
and single-stream materials.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed of or processed as municipal waste.
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, ashes, furniture, 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.
Any officer of the Colonial Regional Police Department (CRPD)
or any other Borough official as authorized by Council shall have
the power and duty to enforce the provisions of this chapter, and
for that purpose shall be considered authorized Code Enforcement Officer(s).
A.Â
After July 7, 2014, no person may permit the open burning of material
or engage in the following activities:
(1)Â
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;
(2)Â
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; or
(3)Â
Burn leaf waste, recyclable materials or any material designated
for recycling by the Borough of Bath in an open fire.
B.Â
Exceptions:
(1)Â
Open burning is permitted for the following set of exceptions:
(a)Â
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.
(b)Â
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.
(c)Â
A fire set for the prevention and control of disease or pests,
when approved by the Department of Environmental Protection's
Region Quality Program's Office.
(d)Â
A fire set for the purpose of burning clearing and grubbing
waste.
(e)Â
A fire set in conjunction with the production of agricultural
commodities in their unmanufactured state on the premises of the farm
operation.
(f)Â
A fire set solely for recreational or ceremonial purposes.
(2)Â
Open burning may take place on private property with the prior approval
of the authorized Code Enforcement Officer of this chapter, provided:
(a)Â
Only rubbish is burned;
(b)Â
There is no practical available alternate method for the disposal
of the material to be burned;
(c)Â
No hazardous or other objectionable condition will be created
by such burning;
(d)Â
The fire shall be built in and confined to a noncombustible
container, covered with a screen of 1/2 inch or smaller mesh;
(e)Â
The open fire shall not be left unattended or be allowed to
smolder;
(f)Â
No such fire shall be allowed to burn on any Sunday or legal
holiday; and
(g)Â
No such fire shall be allowed to burn upon any day, except between
the hours of 7:00 a.m. and 6:00 p.m.
A.Â
Any person who shall violate any provision of this chapter is subject
to the penalties pursuant to the procedures described in Section 3321
of the Borough Code (8 Pa.C.S.A. § 3321). The Borough shall
initiate a criminal enforcement proceeding before a Magisterial District
Judge in the same manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure.
B.Â
The Borough Solicitor may assume charge of the prosecution without
the consent of the District Attorney as required under the Pennsylvania
Rules of Criminal Procedure No. 454.
C.Â
Any person found guilty of violating any provision of this chapter
shall pay criminal fines not to exceed $1,000 per violation and may
be subject to imprisonment to the extent allowed by law for the punishment
of summary offenses. The Borough may also assess reasonable attorney
fees incurred by the Borough in the enforcement proceedings. All fines,
costs, penalties and fees collected for the violation of the chapter
must be paid to the Borough Treasurer.
