[HISTORY: Adopted by the Board of Supervisors of the Township
of Polk 6-27-2011 by Ord. No. 2011-01. Amendments noted where applicable.]
Open burning of materials can pose a threat to life and property
in Polk Township if not property controlled. Such burning can cause
air pollution which can have detrimental effects on residents' health.
Such burning can spread and cause damage and possible loss of life
to other properties and their owners. It is the purpose of this chapter
to prevent and control air pollution, promote the public health, safety
and welfare and to safeguard the health, comfort, living conditions,
safety and welfare of the citizens of Polk Township by regulating
the air pollution and fire hazards of open burning and outdoor burning.
This chapter applies to all outdoor burning and open burning
within Polk Township.
A.
This chapter does not apply to burning for the purpose of generating
heat in a stove, furnace, fireplace or other heating device within
a building used for human or animal habitation.
B.
This chapter does not apply to the use of propane, acetylene, natural
gas, gasoline or kerosene in a device intended for heating, construction
or maintenance activities.
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.
A small outdoor fire intended for recreation or cooking but
not including a fire intended for disposal of waste wood or refuse.
Natural wood which has not been painted, varnished or coated
with a similar material; has not been pressure-treated with preservatives;
and does not contain resins or glues as in plywood or other composite
wood products.
Trees, shrubs and other native vegetation which are cleared
from land during or prior to the process of construction, not including
demolition waste and dirt-laden roots.
Building waste materials, including but not limited to waste
shingles, insulation, lumber, treated wood, painted wood, wiring,
plastics, packaging, and rubble that results from construction, remodeling,
repair, and demolition operations on a house, commercial or industrial
building, or other structure.
Those recyclable materials specified by Polk Township for
collection under its recycling program.
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.
An individual who shall be appointed by the Polk Township
Supervisors or the Polk Township Codes Enforcement Officer.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
Leaves from trees, bushes and other plants, garden residue,
shrubbery and tree trimmings and similar materials, but not including
grass clippings.
Any garbage, refuse, industrial, lunchroom or office waste
and other materials, including solid, liquid, semisolid or contained
gaseous material, resulting from operation of residential, municipal,
commercial or institutional establishments, or from community activities
and which are not classified as residual or hazardous waste, except
farm-produced manure, other agricultural waste and food processing
waste used on land where such materials will improve the condition
of the soil, the growth of crops or the restoration of the land for
the same purposes, and any sludge not meeting the definition of "residual
or hazardous waste," as defined in Commonwealth of Pennsylvania Solid
Waste Management Act.[1] The term does not include source-separated recyclable
materials or leaf waste.
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.
Kindling or maintaining a fire where the products of combustion
are emitted directly into the ambient air without passing through
a stack or a chimney. This includes burning in a burn barrel.
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, district authority, or any other
legal entity whatsoever which is recognized by law as the subject
of rights and duties. In any provisions of this chapter prescribing
a fine, imprisonment or penalty, or any combination of the foregoing,
the term "person" shall include the officers and directors of any
corporation or other legal entity having officers and directors.
Garbage, rubbish and trade waste.
An individual 18 years or older who is not under the influence
of drugs or alcohol or suffering from any other disability which would
impair his or her ability to properly supervise a fire.
The inclusive term for streets, alleys, avenues, highways,
courts, lanes and any other public property opened to passage by vehicle
or pedestrian traffic.
Polk Township, Monroe County, Pennsylvania.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed of. The term does not include source-separated recyclable
materials, leaf waste or material approved by the Commonwealth of
Pennsylvania, Department of Environmental Protection for beneficial
use.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
A.
It shall be unlawful to burn, ignite, incinerate, maintain or permit
to burn any materials whatsoever, or whatever nature, without complying
with this chapter.
B.
Open burning, provided that it is not contrary to this chapter or
any other law, will be allowed upon lots containing 1/2 acre or more,
but not within the confines of a mobile home park.
No person shall set, start, feed, permit to burn or maintain
any fire upon any of the streets, sidewalks, alleys or public grounds
in Polk Township, except where a designated area has been set aside
or reserved for this purpose and an appropriate container has been
provided to contain such a fire.
It shall be and is hereby declared unlawful for any person or
entity to burn or permit to be burned any unlawful materials for which
the burning is regulated by state or federal law, statutes or regulations,
and in addition, as set forth, the following:
A.
Any and all recyclable materials that are accepted by the Polk Township
Recycling Program shall be set forth in a resolution to be adopted
by the Polk Township Board of Supervisors which shall specifically
reference the within chapter, and which may be periodically revised
from time to time.
[Amended 1-22-2018 by Ord. No. 2018-02[1]]
[1]
Editor's Note: This ordinance also repealed Schedule
A, regarding recycling in the Township.
B.
Construction debris, plastics, tires, rubber, fiberglass materials,
aerosol containers.
C.
By-products of manufacturing and processing operations, and wastes
from commercial operations.
D.
Garbage, domestic waste, or offal.
E.
Nothing herein shall be construed to permit or encourage the burning
of any substance determined by the Commonwealth of Pennsylvania or
the United States Environmental Protection Agency to be a hazardous
substance; nor shall any fire be permitted to burn by any person if
such burning is in violation of the Air Pollution Control Act or other
legislation of the Commonwealth of Pennsylvania or the United States
of America or any other competent body.
A.
Open burning shall be constantly attended and supervised by a competent
responsible adult of at least 18 years of age until the fire is extinguished
and is cold. The person shall have readily available for use such
fire-extinguishing equipment as may be necessary for the total control
of the fire. Such fire-extinguishing equipment shall include, at a
minimum, a pressurized water hose immediately adjacent to the burn
site and/or a fire extinguisher.
B.
No fire shall be permitted to burn whenever drought or extreme weather
conditions exist or when a ban on burning has been placed into effect
by the Commonwealth of Pennsylvania or other competent governmental
body. The Board of Supervisors may prohibit any and all outdoor fires
when atmospheric conditions or local circumstances make such fires
hazardous.
C.
No fire shall be set that results in uncontrolled burning of vegetation
(field fire).
D.
Open burning shall be confined in a noncombustible container, covered
with a wire screen of 1/2 inch or smaller mesh, or another suitable
noncombustible container, except for burning of natural untreated
wood, which need not be confined to noncombustible container covered
with a wire screen.
[Amended 1-22-2018 by Ord. No. 2018-02]
E.
All allowed open burning shall be conducted in a safe, nuisance-free
manner, when wind and weather conditions minimize adverse effects
and do not create a health hazard or a visibility hazard on roadways,
railroads or airfields. Open burning shall be conducted in conformance
with all local and state fire protection regulations. Open burning
shall be conducted in conformance with all local and state fire protection
regulations.
F.
Only untreated wood may be burned in an open fire if such materials
are generated by the property in which such burning occurs. Under
no circumstances shall such materials be brought from other premises
to such property for open burning.
[Amended 1-22-2018 by Ord. No. 2018-02]
A.
No fire shall be set, started, fed, permitted to burn or maintained
where such fire may endanger any building or property, except where
such building or property is used by the fire company for training
purposes.
B.
Open burning shall be permitted only upon private property and shall
take place at least 50 feet from a building, property line, or road
line.
C.
Nothing herein shall be deemed to prohibit indoor or outdoor cooking
activities, providing that reasonable safeguards are maintained.
D.
Existing burn barrel shall be relocated so as to comply with this
provision of the chapter.
It is a violation of this chapter for any person to allow any
fire to burn under adverse weather conditions or unsupervised, or
otherwise in an unsafe manner. Any such fire may be extinguished by
an official of the Township or a designee of the Polk Township Fire
Company or be extinguished immediately upon request of such official.
A.
No person shall burn or cause to be burned any kind of substance
or maintain any fire, or burn or cause to be burned an uncontained
fire of any substance or material of any kind, out-of-doors, anywhere
in the Township between sunset and sunrise.
B.
Campfires using natural untreated wood and containing a fuel source
of no more than eight cubic feet are permitted at any time so long
as they comply with all other provisions of this chapter.
The following types of fires which do not burn unlawful materials
are allowed, provided the following conditions are met and that open
burning of materials does not create a safety hazard or nuisance.
A.
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.
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.
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.
D.
A fire set for the purpose of burning, clearing and grubbing waste.
If within an air basin an air curtain destructor must be used and
must be approved by the Department of Environmental Protection's
Regional Air Quality Program office.
E.
A fire set in conjunction with the production of the agricultural
commodities in their unaltered state on the premises of the farm operation.[1]
F.
A fire set solely for cooking food, outdoor campfires and small bonfires
for ceremonies or recreation are allowed provided they do not cause
a nuisance.
G.
Persons responsible for any large fires shall contact the Polk Township
Fire Department to provide the rate, time and location of the fire.
The contact information for the Polk Township Fire Department is available
at the Polk Township Office.
[Amended 1-22-2018 by Ord. No. 2018-02]
The Board of Supervisors may declare a fire ban emergency in
Polk Township with or without consultation with the Fire Chiefs of
the Polk Township Fire Company during period of drought or other periods
of high fire risk to woodlands or property within Polk Township.
Whenever the enforcing officer finds that open burning is occurring in the Township, other than those exceptions noted in § 151-11 above, the enforcing officer may order the owner or operator to take corrective action in a manner satisfactory to the Township or the enforcing officer may order the owner or operator to allow access to the land by the enforcing officer or a third party to take such action.
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 the 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 the Township or its personnel in their performance
of any duty hereunder, including denying the enforcing officer access
to the source or facility; or to violate the provisions of 18 Pa.C.S.A.
§ 4903 (relating to false swearing) or § 4904
(relating to unsworn falsification to authorities) in regard to papers
required to be submitted under this section. The owner or operator
of an open burning source shall not allow pollution of the air, water,
or other natural resources of the Township to result from the source.
In the event that it is necessary to have an uncontained fire
of any size and/or at time other than permitted under this chapter,
special permission must be obtained, in writing, in advance of setting
said fire, from the Polk Township Board of Supervisors.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution and additional costs as described in § 151-17 below. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. The provisions of this chapter shall be enforced by the Enforcement Officer appointed by the Polk Township Supervisors.
A.
In the event any fire company (firefighters and/equipment) is required
to respond to a fire which violates the provisions of this chapter
and, upon conviction of any violation of this chapter, the violator
shall also pay charges in order to cover the firefighting costs. Charges
shall be assessed for use of firefighting equipment and labor charges
based upon an hourly rate for all firemen engaged in extinguishing
said fire.
B.
The Board of Supervisors shall determine by resolution a reasonable
schedule of costs based upon charges calculated by the Fire Chief
or his designee including, but not limited to: mileage, operating
costs and firefighting equipment and man-hours of participants. These
charges shall be in addition to and not in lieu of any penalties provided
elsewhere in this chapter.
The Township of Polk and its agents, officials, and representatives,
shall not, under any circumstances, be liable or responsible for damages
caused to any person or property by reason of the provisions of this
chapter, or by reason of the conduct of any burning activity in compliance
with the terms and provisions of this chapter. The individual person
or party responsible for any such fire shall bear sole liability for
any damages caused as a result thereof.
