Township of Cheltenham, PA Chapter 82 Air Pollution

[HISTORY: Adopted by the Board of Commissioners of the Township of Cheltenham 12-29-1977 by Ord. No. 1431 as Ch. 14, Art. I of the Cheltenham Code. Amendments noted where applicable.]

GENERAL REFERENCES

Alarms — See Ch. 86.

Garbage, rubbish and refuse — See Ch. 161.

Nuisances — See Ch. 188.

Smoking — See Ch. 246.

§ 82-1 Purpose; policy; authority.

[Amended 2-21-1995 by Ord. No. 1820-95]

A. The reduction of the amount of municipal waste and conservation of recyclable materials is an important public concern by reason of the growing problem of municipal waste disposal and its impact on the environment.

B. The collection of newsprint, junk mail, flyers, magazines, gloss paper and telephone book covers, aluminum cans, bimetallic cans, segregated clear, emerald and amber glass bottles, plastics, leaf wastes and certain types of cardboard materials for recycling from residences, and high-grade office paper, aluminum cans, corrugated paper, including certain types of cardboard materials, and leaf wastes from commercial and institutional establishments in Cheltenham Township, and such other recyclables that shall be by resolution determined to serve the general public interest, will reduce the volume of municipal wastes which must be disposed, thereby reducing storage, collection, transportation and disposal costs of said waste and preserving valuable natural resources; and will result in financial, health, safety and welfare benefits to the residents and taxpayers of Cheltenham Township by reason of the income realized from the sale of these recyclable materials, reduced cost of disposal, and a decreased burden on landfill space.

[Amended 12-19-2000 by Ord. No. 1974-00; 5-22-2007 by Ord. No. 2133-07]

C. This chapter has been developed to implement municipal responsibilities under the Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101 of 1988).[1]

[1] Editor's Note: See 53 P.S. § 4000.101 et seq.

§ 82-2 Definitions.

The following words, terms and phrases, when used in this chapter, shall have the following meanings ascribed to them:

FURNACE

Any enclosed device designed for the burning of fuel primarily for the production of heat.

GARBAGE

All putrescible animal and vegetable waste matter resulting from handling, preparation or cooking of food.

INCINERATOR

Any device specifically designed for the reduction or destruction of solid wastes by burning.

OPEN FIRE

A fire in which any material is burned in the open or in a receptacle other than a furnace or incinerator.

PERSON

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.

REFUSE

All materials which are discarded as useless.

RUBBISH

All solid waste except garbage, including but not limited to ashes, bedding, cardboard, cans, clothing, crockery, glass, furniture, plastics, rags, rubber, paper, tree branches, leaves and yard trimmings.

SALVAGE OPERATION

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.

SOLID WASTES

Garbage, refuse, rubbish and other discarded materials resulting from industrial, commercial, agricultural and residential activities.

§ 82-3 Enforcement.

[Amended 3-15-2005 by Ord. No. 2079-05; 6-27-2006 by Ord. No. 2109-06]

The Director of Public Works, Code Official, Deputy Code Official, Police Department or other duly authorized agent of the Board of Commissioners shall have the power and duty to enforce the provisions of this chapter.

§ 82-4 Prohibited acts.

After the effective date of this chapter, no person shall:

A. Ignite or feed an open fire for the destruction or reduction of solid wastes or in the conduct of a salvage operation on or in any public or private place in the Township of Cheltenham.

B. Cause, suffer, allow or permit the maintenance of any open fire for the destruction or reduction of solid wastes or in the conduct of any salvage operation on or in any property under his control in the Township of Cheltenham.

C. Construct, maintain or operate any new incinerator except one which qualifies for and receives the approval of the Pennsylvania Department of Environmental Protection and Energy prior to construction and for which a permit has been issued by that Department to allow operation of the incinerator.

D. Maintain or operate any existing incinerator emitting smoke or particulate matter in excess of those limitations specified by the Pennsylvania Department of Environmental Protection and Energy.

§ 82-5 Exceptions.

The requirements of § 82-4 shall not apply where the open burning operations result from:

A. A fire set by or under the supervision of a public officer to prevent or abate a fire hazard. Such permission shall be by written application and permit as issued by the Cheltenham Township Fire Marshal.

B. A fire set for the purpose of instructing persons in fire fighting, when authorized by the Cheltenham Township Fire Marshal.

C. A fire in a dwelling unit fireplace.

D. Grilling, broiling or barbecuing of food.

§ 82-6 Violations and penalties.

[Amended 3-21-1989 by Ord. No. 1686; 11-21-1995 by Ord. No. 1846-95]

Any person or legal entity violating the provisions of this chapter shall, upon summary conviction before a District Justice, pay a fine of not more than $1,000, together with costs of suit, collectible in the manner provided by law. Each violation after notice of an offense or service of a summons shall constitute a distinct and separate offense.