Township of Upper Pottsgrove, PA
Montgomery County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Pottsgrove 8-20-2012 by Ord. No. 458.[1] Amendments noted where applicable.]
Uniform Construction Code — See Ch. 140.
Reimbursement for emergency services — See Ch. 168.
Payment of fire loss claims — See Ch. 185.
Solid waste — See Ch. 297.
Editor’s Note: This ordinance also repealed former Ch. 458, Burning, Open; Air Pollution, adopted 11-23-1992 by Ord. No. 236 (Ch. 7, Part 1, of the 1993 Code), as amended.

§ 122-1 Title.

This chapter shall be known and may be cited as the "Upper Pottsgrove Township Air Pollution Control Ordinance of 2012."

§ 122-2 Legislative authority.

The Board of Commissioners of Upper Pottsgrove Township, under and by virtue of and pursuant to the authority granted by the First Class Township Code, do hereby enact and ordain this chapter.

§ 122-3 Policy.

Whereas, the Board of Commissioners of Upper Pottsgrove Township have determined that air pollution from open burning may be detrimental to the health, comfort, living conditions, welfare, and safety of the citizens of Upper Pottsgrove Township, it is hereby declared to be the policy of the Township to safeguard the citizens of Upper Pottsgrove Township from such air pollution.

§ 122-4 Definitions.

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:
A geographic area of this commonwealth as delimited Southeast Pennsylvania air basin - the counties of Bucks, Chester, Delaware, Montgomery, and Philadelphia.
A mechanical device which forcefully projects a curtain of air across a pit in which open burning is being conducted so that combustion efficiently is increased and smoke and other particulate matter are contained.
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 dirt-laden roots.
Township Board of Commissioners.
The process by which organic solid waste is biologically decomposed under controlled anaerobic or aerobic conditions to yield a humus-like product.
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.
Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from the operations of residential, municipal, commercial or instructional establishments and from community activities, and any sludge not meeting the definition of "residual waste" or "hazardous waste," as defined in the Solid Waste Management Act, Act of July 7, 1980, P.L., 380, No. 97, as amended, 35 P.S. § 6018.101 et seq., from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facility. The term does not include source-separated recyclable materials.
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.
Those materials specified by Upper Pottsgrove Township for collection in accordance with this chapter and recycling regulations which may be promulgated from time to time. Such material may include, but shall not be limited to: colored PET ridged plastic bottles; natural and pigmented HDPE plastic bottles; and newsprint material. The list of recyclable materials may be changed from time to time by resolution of the Board of Commissioners of Upper Pottsgrove Township.
Leaves, grass clippings, garden residue, tree trimmings, chipped shrubbery, and other vegetative material.

§ 122-5 Prohibited acts; exceptions; abatement notice.

It shall be unlawful for any person or entity to burn municipal waste, solid waste, yard waste or recyclable material in violation of any provision of the Solid Waste Management Act, specifically Section 6018.610, of Act 97, 35 P.S. § 6018.610 as amended, or any rule or regulation promulgated by any commonwealth agency pursuant thereto.
In addition to the specific exceptions as set forth with respect to burning under the Solid Waste Management Act and any regulation thereof, the following exceptions are recognized.
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, when approved by the Department of Environmental Protection's Regional Air Quality Program Office.
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 clearing and grubbing land. 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.
A fire set in conjunction with the production of agricultural commodities in their unmanufactured state on the premises of the farm operation (under 25 Pa. Code § 129.14).
A fire set solely for cooking food.
A fire set solely for recreational or ceremonial purposes.
No person shall cause, suffer or permit any open burning operation whatsoever, if said open burning operation is contrary to 129.14, Chapter 129 of Title 25,[1] Rules and Regulations of the Department of Environmental Resources.
Editor's Note: See 25 Pa. Code § 129.14.
No person shall in any manner hinder, delay, obstruct, resist, prevent or in any way interfere with the Fire Marshal or his assistants in the performance of their duty hereunder, or refuse such personnel, after proper identifications, entrance at reasonable hours to any premises.
Any person or entity failing, neglecting or refusing to comply with a lawful abatement notice issued by the Fire Marshal of the Township shall be subject to the penalties as set forth in this chapter. Any person or entity receiving such abatement notice may, upon written request, obtain an extension of time to comply therewith by making application to the Fire Marshal of the Township, initially, and upon denial of the same, to the Commissioners.

§ 122-6 Violations and penalties.

Any person, firm or corporation who shall violate any provision of this chapter, upon conviction thereof in an action brought before a District Justice in the manner provided for the enforcement of summary proceedings under the Pennsylvania Rules of Criminal Procedure, under the authority of the Township Fire Marshal, Township Code Enforcement Officer, or Township Police Department, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default thereof, to a term of imprisonment not to exceed 90 days. Each day that a violation of this chapter continues shall constitute a separate and distinct offense.
The Commissioners may institute an action in equity for an injunction to restrain any violation of this chapter.

§ 122-7 Severability.

If any section, paragraph, sentence, clause or phrase of this chapter is declared unconstitutional, illegal, or otherwise invalid by the judgment or decree of any court, that invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses or phrases.