[HISTORY: Adopted by the Board of Supervisors
of the Township of North Coventry 5-11-1988 by Ord. No. 83; amended
in its entirety 1-24-2011. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the "North Coventry
Township Air Pollution Control Ordinance of 2010."
The Board of Supervisors of North Coventry Township, under and
by virtue of and pursuant to the authority granted by the Second Class
Township Code, do hereby enact and ordain this chapter.
Whereas the Board of Supervisors of North Coventry Township
has determined that air pollution from open burning may be detrimental
to the health, comfort, living conditions, welfare, and safety of
the citizens of North Coventry Township, it is hereby declared to
be the policy of the Township to safeguard the citizens of North Coventry
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:
A geographic area of this commonwealth delimited as the 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 efficiency is increased and smoke and other particulate
matter are contained.
The Township Board of Supervisors.
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.
A free standing front loading fireplace.
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.
The process by which organic solid waste is biologically
decomposed under controlled anaerobic or aerobic conditions to yield
a humus-like product.
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, carpets, demolition waste (insulation, shingles,
siding, etc.), furniture, mattresses or box springs, paint, putrescible
waste, solvents, tires, or treated wood.
A manufactured device used to contain a fire for patio or
yard.
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.
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.
Leaves, grass clippings, garden residue, tree trimmings,
chipped shrubbery, and other vegetative material.
A.
It shall be unlawful for any person or entity to burn solid waste
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.
B.
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 so long as a permit
is obtained from the Township:
(1)
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.
(2)
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.
(3)
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.
(4)
A fire set for the purpose of burning, clearing and grubbing waste.
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.
(5)
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).
(6)
A fire set solely for cooking food.
(7)
A fire set solely for recreational or ceremonial purposes.
C.
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, Rules and Regulations, of the Department of Environmental
Resources.
D.
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.
E.
Any person or entity failing, neglecting or refusing to comply with
a lawful abatement notice issued by the Fire Marshal of the Township
or Township Police Department 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 Board.
A permit is required for burning that falls within the exceptions of § 133-5B unless they are in a chimenea, fire pit or bowl, barbeque grill or for farm operation.
Any materials which will be burned must be specifically listed
on the burning permit application. Failure to list all materials to
be burned on the burning permit application shall result in the revocation
of the burning permit.
The Township Board of Supervisors shall, through the Township
Manager's office, the Township Fire Marshal and the Township
Code Enforcement Officer, receive applications for burning permits,
issue burning permits with appropriate instructions for outdoor burning
and periodically inspect outdoor burning sites for compliance with
this chapter.
A burning permit for a single-family or two-family home shall
be valid for 30 days.
The Township Board of Supervisors shall set and alter by resolution
the burning permit fee at a rate sufficient to cover the cost of processing
each burning permit and the cost of oversight of the permit and inspection
program.
Each burning permit holder shall agree to comply with all applicable
Township ordinances and all applicable laws, including, but not limited
to, Pennsylvania Title 25 (Section 129.14) and the Federal Clean Air
Act. Each burning permit holder shall agree that if the burning permit
holder's outdoor fire is not controlled safely and properly,
the burning permit holder shall assume full liability for any firefighting
costs, including those of the Norco Fire Company, and for any damage
caused by the fire and its related effects.
During outdoor burning, the burning permit holder also shall
meet the following conditions:
A.
Every outdoor fire shall be attended at all times by a competent
adult.
B.
Fire extinguishing materials or equipment shall be readily available
for use during any outdoor burning, and shall be reasonable in relationship
to the size of the fire.
C.
Each burning permit holder shall permit any Township Fire Marshal
or Township Code Enforcement Officer to inspect and sift through any
articles being burned outdoors, and to inspect any outdoor burning.
D.
No outdoor burning shall be conducted when wind, humidity or other
conditions exist that would cause smoke to be blown or transported
into neighboring properties at height levels under 35 feet (10.7 meters).
The following is a list of some materials that are prohibited
from any burning:
A.
Leaves (whether wet or dry).
B.
Chemicals.
C.
Pretreated wood.
D.
Plastics.
E.
Tires and rubber products.
F.
Laminated cardboard.
G.
Laminated paper.
H.
Flammable liquids.
I.
Flammable metals.
J.
Styrofoam.
K.
Domestic refuse.
L.
Yard waste.
M.
Any other items similar to those specifically listed herein.
The Township Fire Marshall, Township Code Enforcement Officer
or other designated Township official may revoke a burning permit
whenever one of the officials finds the burning permit holder's
outdoor burning is in violation of this chapter. A burning permit
may be revoked permanently if an authorized Township official finds
repeated violations of the chapter, or if an authorized Township official
finds violations that seriously and recklessly threaten the health,
safety or property of Township residents.
The Township Fire Marshal and the Township Code Enforcement
Officer and the Township Police Department are authorized to issue
citations and seek penalties for violations of this chapter.
A.
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
offenses under the Pennsylvania Rules of Criminal Procedure, 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.
B.
The Board may institute an action in equity for an injunction to
restrain any violation of this chapter.
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.
