Township of Radnor, PA Chapter 98 Air Pollution

[HISTORY: Adopted by the Board of Commissioners of the Township of Radnor 2-25-1974 by Ord. No. 1564 as Ch. 38 of the 1974 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Citizen Council on Environmental Affairs — See Ch. 34.

§ 98-1 Title.

This chapter shall be known and may be cited as the "Air Pollution Control Ordinance."

§ 98-2 Declaration of policy.

Whereas pollution of the air is detrimental to the health, comfort, living conditions, welfare and safety of the citizens of the Township of Radnor, it is hereby declared to be the policy of the Township of Radnor to safeguard the citizens of the Township from air pollution.

§ 98-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated unless the context clearly indicates otherwise:

AIR CONTAMINATION SOURCE

Any source from or by reason of which there is emitted into the outdoor atmosphere smoke, gases or odors, regardless of who the person may be who owns or operates the building, premises or other property in or on which such source is located or the facility, equipment or other property by which the emission is caused or from which the emission comes.

AIR POLLUTION

The presence in the outdoor atmosphere of one or more contaminants or combinations thereof in such quantities and of such duration that they are or may tend to be injurious to human, plant or animal life or property or that interfere with the comfortable enjoyment of life or property or the conduct of business.

FLUE

Any duct, passage, stack, chimney or conduit permitting air contaminants to be emitted into the open air.

FUEL-BURNING EQUIPMENT

Any furnace or other device, excluding incinerators, in which fuel is burned for the production of steam, hot water or hot air and from which products of combustion are the sole stack effluent.

GARBAGE

All putrescible animal and vegetable matter, including but not limited to offal, dead animals and any liquid substance derived therefrom, resulting from the handling, preparation, cooking and consumption of food.

INCINERATOR

Any device specifically designed for the destruction by burning of refuse or other combustible waste material.

ODOR

That property of a substance which affects the sense of smell.

OPEN BURNING

Any unenclosed fire wherein products of combustion are emitted to the open air and are not directed thereto through a flue.

PERSON

Any individual, partnership, association, syndicate, company, firm, trust, corporation or other entity recognized by law as the subject of rights and duties, including any governmental agency.

REFUSE

Garbage, rubbish and trade waste.

RINGELMANN SMOKE CHART

The Ringelmann scale for grading the density of smoke as defined in Information Circular No. 7718 of the United States Bureau of Mines.

RUBBISH

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.

SALVAGE OPERATIONS

Salvaging or reclaiming of any product or material, including but not limited to metals, chemicals, shipping containers or drums.

SMOKE

Particulate matter produced by incomplete combustion of organic substances, including but not limited to fly ash, cinders, tarry matter, soot or carbon, and gaseous combustion products or unburned gases accompanying or free of the aforementioned particulate matter.

TRADE WASTE

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.

§ 98-4 Control officers.

A. The Fire Marshal and such other persons as may be designated by the Director of the Community Development Department shall serve as Air Pollution Control Officers.

[Amended 6-29-1977 by Ord. No. 77-18]

B. Air Pollution Control Officers shall have the powers and duties to:

(1) Enforce the provisions of this chapter.

(2) Receive and initiate complaints of violations of this chapter.

(3) Enter and inspect any building, property, premises or place pursuant to lawful process for the purpose of investigating an actual or suspected source of air pollution or for the purpose of ascertaining the compliance or noncompliance with any provision of this chapter.

(4) Render assistance and technical advice as needed to any persons engaged in operations which may cause air pollution.

§ 98-5 Regulations.

A. No person shall cause, suffer, allow or permit smoke to be emitted into the outdoor atmosphere from any fuel-burning equipment or incinerator, the shade or appearance of which is darker than shade No. 1 on the Ringelmann Smoke Chart or of such opacity as to obscure an observer's view to a degree greater than does smoke designated as No. 1 on the Ringlemann Smoke Chart, except that smoke emitted during the cleaning of a firebox or the building of a new fire may not exceed No. 2 on the Ringelmann Smoke Chart for a period or periods aggregating not more than six minutes in any 60 consecutive minutes.

B. No person shall be permitted to install an incinerator after the effective date of this chapter. Effective January 1, 1992, the use and operation of all incinerators shall be discontinued, excepting for those located within nonresidential zoning districts and used for the express purpose of research and development, and such devices shall be sealed or dismantled as directed by the Director of Community Development.

[Amended 10-28-1974 by Ord. No. 1587; 10-28-1991 by Ord. No. 91-42]

C. No person shall conduct a salvage operation or destroy refuse by open burning, and it shall be prima facie evidence that the person who owns or controls property on which open burning occurs has caused or permitted said open burning. This restriction shall not apply where the open burning operations result from:

(1) A fire set by or under the supervision of a public officer to prevent or abate a hazard.

(2) A fire set for the purpose of instructing persons in fire fighting.

(3) The cooking of food.

(4) Open fires for recreation purposes, such as campfires, and the use of salamanders or similar devices used for heating by construction workers.[1]

[1] Editor's Note: Former § 38-5C(5), which exempted the burning of tree limbs and brush from the restriction of Subsection C and immediately followed this subsection, was deleted 6-28-1976 by Ord. No. 1629.

D. No person shall cause, suffer, allow or permit the emission of any noxious or offensive odor from an air contamination source.

E. No person shall in any manner hinder, delay, obstruct, resist, prevent or in any way interfere with an Air Pollution Control Officer in the performance of his duty hereunder, or refuse such Officer, after proper identification, entrance at reasonable hours to any premises, provided that such Officer has complied with all procedural requirements of law to establish right of entry.

§ 98-6 Violations and penalties.

A. Prosecutions under this chapter may be instituted by any Air Pollution Control Officer and shall be prosecuted in the name of the Township of Radnor. Any person violating any of the provisions of this chapter shall, upon conviction thereof by any District Justice, be sentenced to pay a fine of not more than $1,000, together with the costs of prosecution, and, in default of payment of such fine and costs, to imprisonment in the county jail for a term not exceeding 30 days. Each day that a violation exists shall constitute a separate offense.

[Amended 11-28-1988 by Ord. No. 88-32; 7-20-1992 by Ord. No. 92-13]

B. An Air Pollution Control Officer may institute an action in equity for an injunction to restrain continuous violations of this chapter in the event that the Air Pollution Control Officer has issued an abatement notice which is being violated and which is not then the subject of judicial review.