[HISTORY: Adopted by the Board of Supervisors of the Township of
Tredyffrin 12-4-1985 by Ord. No. HR-96 (Ch. XII, Art. 2-A, of the 1979 General
Laws of the Municipality of Tredyffrin). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Tredyffrin Township
Air Pollution Control Ordinance of 1985."
The Board of Supervisors of Tredyffrin Township has determined that
air pollution from an open fire may be detrimental to the health, comfort,
living conditions, welfare and safety of the citizens of Tredyffrin Township.
It is hereby declared to be the policy of Tredyffrin Township to safeguard
the citizens of Tredyffrin Township 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:
Remnants or by-products of unmanufactured agricultural commodities.
[Added 2-23-1998 by Ord.
No. HR-267]
The Board of Supervisors of the Township of Tredyffrin.
A tract of land cultivated for the purpose of agricultural production
or devoted to the raising and breeding of domestic animals and having a minimum
lot size of 10 acres.
[Added 2-23-1998 by Ord.
No. HR-267]
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.
A fire in which any material is burned in the open or in a receptacle
other than a furnace or incinerator.
Any individual, partnership, association, syndicate, company, firm,
trust, corporation, department, bureau, agency or other entity recognized
by law on the subject of rights and duties.
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,
paper, ashes, tree branches, tree leaves, yard trimmings, furniture, tin cans,
glass, 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.
The Tredyffrin Township Zoning Officer, or his designees, shall have
the power and duty to enforce the provisions of this chapter.
A.
After the effective date as specified hereinafter, no
person shall:
(1)
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; or
(2)
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.
B.
Exceptions.
(2)
Open fires may be set with the approval of the authorized
enforcement agent of this chapter, provided that the fire or burning operations
result from:
(a)
Any fire set to prevent or abate a fire hazard, when
approved by the Pennsylvania Department of Environmental Protection and when
set by or under the supervision of a public officer.
(b)
Any fire set for the purpose of instructing authorized
personnel in fire fighting, when approved by the Pennsylvania Department of
Environmental Protection and when set by or under the supervision of a public
officer.
(c)
Any fire set for the prevention and control of disease
or pests, when approved by the Department of Environmental Protection.
(d)
Any fire set solely for recreational or ceremonial purposes.
(e)
Any fire set solely for cooking food.
(f)
Any fire set for the purpose of disposing of agricultural
waste on the farm where the agricultural commodities were produced or grown.
[Amended 2-23-1998 by Ord.
No. HR-267]
[Amended 6-17-1991 by Ord.
No. HR-168; 10-19-1998 by Ord.
No. HR-278; 10-2-2000 by Ord.
No. HR-290]
Any person who violates or permits a violation of this chapter shall
be guilty of a summary violation and, upon conviction, shall be sentenced
to pay a fine of not more than $1,000, plus all court costs, including reasonable
attorney's fees, incurred by the township in the enforcement of this chapter.
Each day a violation exists shall constitute a separate offense. In default
of the payment of any fine, the defendant shall be sentenced to imprisonment
to the extent allowed by law for the punishment of summary offenses. Further,
the appropriate officers or agents of the township are hereby authorized to
seek any other available relief at law or equity, including injunction, to
enforce compliance with this chapter.
