[HISTORY: Adopted by the Borough Council
of the Borough of Marcus Hook 9-7-1999 by Ord. No. O-99-2, approved 9-7-1999. Amendments
noted where applicable.]
This chapter shall be known and may be cited
as the "Borough of Marcus Hook Open Burning-Air Pollution Control
Ordinance of 1999."
Whereas the Council of the Borough of Marcus
Hook has determined that air pollution from open burning may be detrimental
to the health, comfort, living conditions, welfare and safety of the
citizens of the Borough, it is hereby declared to be the policy of
the Borough to safeguard the citizens of the Borough of Marcus Hook
from such air pollution.
The following words, terms and phrases, when
used in the chapter, unless the context clearly indicates otherwise,
shall have the following meanings ascribed to them:
The Southeast Pennsylvania air basin which is comprised of
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 Borough of Marcus Hook.
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.
A fire, the air contaminants from which are emitted directly
into the outdoor atmosphere and not directed thereto through a flue.
Any individual, sole proprietorship, public or private corporation,
for profit or not for profit, association, partnership, joint venture,
firm, trust, estate, department, board, bureau or agency of the commonwealth,
of the federal government, political subdivision, municipality, district,
authority or any other entity of whatever type.
Leaves, grass clippings, garden residue, tree trimmings,
chipped shrubbery and other vegetative material.
After September 7, 1999, no person may intentionally,
maliciously, recklessly or negligently cause or permit the open burning
of any material with the exception of the following:
A.Â
A fire set to prevent or abate a fire hazard, when
approved by the Department of Environmental Protections' Regional
Air Quality Program office and set by or under the supervision of
a public officer.
B.Â
Any fire set for the purpose of instructing personnel
in fire fighting, when approved by the Department of Environmental
Protections' Regional Air Quality Program office.
C.Â
A fire set for the prevention and control of disease
or pests, when approved by the Department of Environmental Protections'
Regional Air Quality Program office.
D.Â
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
Protections' Regional Air Quality Program office.
E.Â
Industrial flaring in compliance with Pennsylvania's
air pollution control regulations.
F.Â
A fire set solely for food cooking in a barbecue grill or outdoor
stove used strictly for food cooking and fueled by natural gas, propane,
charcoal, or other appropriate fuels.
[Amended 9-3-2013 by Ord. No. O-13-4, approved 9-3-2013]
G.Â
Fires set solely for recreational purposes, provided they are fully
contained within a screened chiminea or an aboveground fire-retardant
container, subject to the following restrictions:
[Amended 9-3-2013 by Ord. No. O-13-4, approved 9-3-2013]
(1)Â
Only cleaned seasoned firewood or charcoal may be burned. No burning
of trash, leaves, brush, pressure-treated wood or painted wood is
permitted.
(2)Â
All openings in the container must be covered with wire mesh or other
noncombustible screening materials that will prevent the passage of
sparks or embers.
(3)Â
Fires must be kept in the rear yard at least five feet from any structure,
property line, or combustible exterior wall.
(4)Â
All fires must be constantly attended by at least one adult person,
18 years of age or older, until they are completely extinguished.
A minimum of one portable fire extinguisher with a minimum 4-A rating
or other approved on-site fire-extinguishing equipment, such as dirt,
sand, water barrel, water bucket or garden hose shall be available
for immediate utilization.
(5)Â
Fires are not permitted during adverse wind or weather conditions.
(6)Â
Fires shall not be permitted to smolder.
(7)Â
Fires shall not impact neighboring properties by discharging obnoxious
odors, dense smoke, or fly ash.
(8)Â
All open fires as set forth herein shall be extinguished no later
than 12:00 midnight.
(9)Â
Any fire permitted to burn in an unsafe manner, under adverse weather
conditions, unsupervised, determined unsafe by the Fire Marshal, a
police officer or the Code Enforcement Officer, or in violation of
any provision of this chapter, shall be extinguished immediately upon
demand of such official.
H.Â
Fires set solely for recreational and ceremonial purposes, such as
school pep rally bonfires, scouting, historical reenactments, and
community-sponsored events, all with prior written approval from the
Borough Manager and Fire Marshal.
[Added 9-3-2013 by Ord. No. O-13-4, approved 9-3-2013]
A.Â
The Borough Police Department, Code Enforcement Officer,
Zoning Officer or any other duly authorized agent shall have the power
and duty to enforce the provisions of this chapter.
B.Â
The Borough may issue such orders as are necessary
to aid in the enforcement of the provisions of this chapter. Such
orders may be issued if the Borough finds that any condition existing
is causing or contributing to open burning or if the Borough finds
that any person is in violation of any provision of this chapter.
C.Â
The Borough may, in its order, require compliance
with such conditions as are necessary to prevent or abate open burning
or effect the purposes of the chapter.
D.Â
An order issued under this section shall take effect
upon notice or the posting thereof, unless the order specifies otherwise.
An appeal of the Borough's order shall not act as a supersedeas.
E.Â
The authority of the Borough 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
order is hereby declared to be a public nuisance.
A.Â
Whenever a police officer, the Code Enforcement Officer, the Zoning Officer or any other duly authorized agent of the Borough finds that open burning is occurring in the Borough, other than those exceptions noted in § 78-4 of this chapter, the enforcement officer may order the owner or operator to take corrective action in a manner satisfactory to the Borough or the officer may order the owner or operator to allow access to the land by the officer or a third party to take such action.
B.Â
For purposes of collecting or recovering the costs involved in taking corrective action or pursuing a cost recovery action pursuant to an order or recovering the cost of litigation, oversight, monitoring, sampling, testing and investigation related to a corrective action, the Borough 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 § 78-8 of this chapter.
Any person violating any of the provisions of
this chapter shall be guilty of a summary offense and, upon conviction
thereof, shall be punished for each separate offense by a fine up
to the maximum amount and or imprisonment up to the maximum period
provided from time to time by state statute. Each day of violation
and or each occurrence shall constitute a separate violation. Police
officers and other employees of the Borough authorized to conduct
inspections or investigations are hereby declared to be law enforcement
officers authorized to issue or file citations for summary violations
under this chapter, and the Borough Solicitor is hereby authorized
to prosecute these offenses. There is no accelerated rehabilitative
disposition authorized for a summary offense.
In addition to proceeding under any other remedy
available at law or in equity for a violation of a provision of this
chapter or any order issued pursuant to this chapter, the Borough
may assess a civil penalty for the violation. The penalty may be assessed
whether or not the violation was willful. The civil penalty so assessed
shall not exceed the maximum amount provided from time to time by
state statute and shall be recovered from the owner or owners of such
property or premises or from any person causing or maintaining the
same in the same manner as fines and penalties are now by law collectible.
It shall be unlawful to fail to comply with
or to cause or desist in the violation of any of the provisions of
this chapter or to fail to comply with any order or other requirement
of the Borough; or to cause a public nuisance; or to cause air, soil
or water pollution resulting from an open burning incident; or to
hinder, obstruct, prevent or interfere with the Borough or its personnel
in their performance of any duty hereunder, including denying the
Borough access to the source or facility. The owner or operator of
an open burning source shall not allow pollution of the air, water
or other natural resources of the Borough to result from the source.
A violation of this chapter or of any order issued by the Borough under this chapter shall constitute a public nuisance. The Borough 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 may recover the expenses of abatement following the process for assessment and collection of a civil penalty contained in § 78-8. Any person who causes the public nuisance shall be liable for the cost of abatement.
