Borough of South Waverly, PA
Bradford County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of South Waverly 4-2-2001 by Ord. No. 42-01-1.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 61.
[1]
Editor's Note: This ordinance also repealed former Ch. 64, Fires, adopted 6-12-1985 by Ord. No. 6-12-85.
This chapter shall be known and may be cited as the "Borough of South Waverly Air Pollution Control Ordinance of 2001."
The Council of the Borough of South Waverly, under and by virtue of and pursuant to the authority granted by Borough Code, does hereby enact and ordain this chapter.
Whereas the Council of Borough of South Waverly has determined that air pollution from open burning may be detrimental to the health, comfort, living conditions, welfare, and safety of the citizens of Borough of South Waverly, it is hereby declared to be the policy of Borough of South Waverly to safeguard the citizens of the Borough of South Waverly 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:
AIR BASIN
A geographic area of this commonwealth as set forth in Department of Environmental Protection Publication.
AIR CURTAIN DESTRUCTOR
A mechanical device which forcefully projects a curtain of air across a pit in which open burning is being conducted so that combustion efficiency is increased and smoke and other particulate matter are contained.
BONFIRES
An open fire only to be conducted on the South Waverly Borough Hall grounds on Pennsylvania Avenue upon obtaining a permit from the Code Enforcement Officer. This is the only type of fire that would qualify as a fire set for a ceremonial purpose in the Borough.
[Added 9-3-2013 by Ord. No. 09-03-13-01]
BURNING
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.
CLEANING AND GRUBBING WASTES
Trees, shrubs, and other native vegetation which are cleared from land during or prior to the process or construction. The term does not include demolition wastes and dirt-laden roots.
COMPOSTING
The process by which organic solid waste is biologically decomposed under controlled anaerobic or aerobic conditions to yield a humus-like product.
COOKING FIRES
Shall only be conducted in a propane gas, charcoal grill, barbecue pit or similar outdoor containment structure that will control the open burning.
[Added 9-3-2013 by Ord. No. 09-03-13-01]
COUNCIL
Borough Council.
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, carpentry, demolition waste (insulation, shingles, siding, etc.), furniture, mattresses or box springs, paint, putrescible waste, solvents, tires, or treated wood.
MUNICIPALITY
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.
PERSON
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.
RECREATIONAL FIRES
Shall only be conducted in a barbecue pit or similar outdoor containment structure that will control the open burning.
[Added 9-3-2013 by Ord. No. 09-03-13-01]
YARD WASTE
Leaves, grass clippings, garden residue, tree trimmings, chipped shrubbery, and other vegetative material.
After the adoption and approval of this chapter, no person may permit the open burning of material with the exception of the following:
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 fire fighting, 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, only in the agricultural district, on the premises of a farm operation. If within an air basin, an air curtain destructor must he 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 agricultural commodities in their unmanufactured state on the premises of the farm operation.
F. 
A fire set for the purpose of recreation in a barbecue or other similar outdoor containment structure designed for that purpose that will control the open burning.
[Amended 9-3-2013 by Ord. No. 09-03-13-01]
G. 
A fire set solely for cooking food, in an apparatus designed for that purpose.
H. 
A fire set solely for ceremonial purposes on the South Waverly Borough Hall grounds on Pennsylvania Avenue, when approved by a Code Enforcement Officer.
[Amended 9-3-2013 by Ord. No. 09-03-13-01]
[Amended 9-3-2013 by Ord. No. 09-03-13-01]
A. 
Recreational fires; cooking fires; bonfires.
(1) 
Recreational fires. Recreational fires shall not be conducted within 25 feet (7,620 mm) of a structure or combustible material unless the fire is contained in a barbecue pit or similar outdoor containment structure that will control the open burning. Conditions which could cause a fire to spread within the 25 feet (7,620 mm) of a structure shall be eliminated prior to ignition. A recreational fire may be ignited in a chiminea or similar pottery device.
(2) 
Cooking fires. Cooking fires shall not be conducted within 25 feet (7,620 mm) of a structure or combustible material unless the fire is contained in a propane gas or charcoal grill, barbecue pit or similar outdoor containment structure that will control the open burning. Conditions which could cause a fire to spread within the 25 feet (7,620 mm) of a structure shall be eliminated prior to ignition.
(3) 
Bonfires. A bonfire shall not be conducted within 50 feet (7,620 mm) of a structure or combustible material unless the bonfire is contained in a barbecue pit. Conditions which could cause a fire to spread within 50 feet (7,620 mm) of a structure shall be eliminated prior to ignition. The only bonfires allowed in the Borough shall be in the South Waverly Borough Hall grounds on Pennsylvania Avenue for a nonprofit organization overnight upon obtaining a permit from the Code Officer. A bonfire on the Borough grounds shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with Section 906 with a minimum 4-A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization. For purpose of this chapter, a bonfire is the only ceremonial fire allowed.
B. 
Supervision. All burning devices must be attended when in use. No open burning is to occur without supervision. Any burning device discovered unattended shall result in a violation of this chapter, and the owner of the property shall be cited for failure to properly supervise the use of their property.
C. 
Setback. Recreational fire burning devices must comply with the following setback requirements. The property owner shall have two options to locate the burning device.
(1) 
The burning devices shall be no closer than 25 feet to any adjacent properties on lots that are less than 30,000 square feet.
(2) 
The burning devices shall be no closer than 50 feet to any adjacent properties on lots that are more than 30,000 square feet.
(3) 
The property owner may request that the Code Officer locate the recreational fire burning device closer (than the twenty-five-foot setback requirement or the fifty-foot setback requirement, whichever is applicable based on the lot size) to the boundary line, provided the Code Officer considers the following criteria:
(a) 
The burning device shall be a safe distance from the house.
(b) 
The burning device shall be a safe distance from any structures.
(c) 
The burning device shall be a safe distance from vegetation.
(d) 
The burning device shall be a safe distance from adjoining structures and vegetation on neighbors' property.
A. 
The Borough of South Waverly Code Officer or the contracting police force or any other authorized agent shall have the power and duty to enforce the provisions of this chapter.
[Amended 6-2-2010 by Ord. No. 06-02-10-02[1]]
[1]
Editor’s Note: This ordinance also provided for an effective time and date of midnight on 6-30-2010, further providing that the South Waverly Borough Police Department be disbanded at that time contemporaneously with the commencement of police services in South Waverly Borough by Sayre Borough Police Department pursuant to an agreement of 3-1-2010.
B. 
The Borough of South Waverly 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 the Borough of South Waverly finds that any condition existing in or on the facility or source involved is causing or contributing to open burning or if the Borough of South Waverly finds that any person is in violation of any provision of this chapter.
C. 
The Borough of South Waverly may, in its order, require compliance with such conditions as are necessary to prevent or abate open burning or affect the purposes of this chapter.
D. 
[2]The authority of the Borough of South Waverly 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 orders is hereby declared to be a public nuisance.
[2]
Editor’s Note: Former Subsection D, pertaining to when an issued order takes effect, was repealed 9-3-2013 by Ord. No. 09-03-13-01, which ordinance also redesignated former Subsection E as Subsection D, and repealed former Subsection F, regarding appeals, which immediately followed former Subsection E.
A. 
Whenever the enforcing officer finds that open burning is occurring in the Borough of South Waverly, other than those exceptions noted in § 30-5 above, the enforcing officer may order the owner or operator to take corrective action in a manner satisfactory to the Borough of South Waverly, 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.
B. 
For purposes of collecting or recovering the costs involved in taking corrective action or pursuing a cost recovery action pursuant to an order of recovering the cost of litigation, oversight, monitoring, sampling, testing, and investigation related to the corrective action, the Borough of South Waverly 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 § 30-10 of this chapter.
[Amended 9-3-2013 by Ord. No. 09-03-13-01]
A. 
Any person, firm or corporation who shall violate any provision of this chapter, shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and, in default of payment of said fine, to imprisonment for a term not to exceed 90 days. Every day that a violation of this chapter continues shall constitute a separate offense.
B. 
In addition, the Borough can request a restitution from the violator for the cost to investigate and the expenses of abatement to the Borough for the enforcement of this chapter.
[1]
Editor’s Note: Former § 30-10, Civil penalties, was repealed 9-3-2013 by Ord. No. 09-03-13-01.
[Amended 9-3-2013 by Ord. No. 09-03-13-01]
A violation of this chapter or of any order issued by the Borough of South Waverly under this chapter shall constitute a public nuisance. The Borough of South Waverly shall have the authority to order any person causing a public nuisance to abate the public nuisance. In addition, when abating a public nuisance, the Borough of South Waverly may recover the expenses of abatement following the process for assessment and collection of a restitution contained in § 30-9. 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.