[HISTORY: Adopted by the Board of Supervisors of the Township
of Fallowfield at time of adoption of Code (see Ch. 1, General Provisions,
Art. I). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Township
of Fallowfield Air Pollution Control Ordinance of 2016."
The Board of the Township of Fallowfield, under, and by virtue
of and pursuant to the authority granted by the Second Class Township
Code[1] do hereby enact and ordain this chapter.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
Whereas the Board of Supervisors of the Township of Fallowfield
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 Township of Fallowfield, it is hereby declared
to be the policy of the Township of Fallowfield to safeguard the citizens
of the Township of Fallowfield 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 as delimited in Attachment
A.[1]
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.
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.
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 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, Township of Fallowfield, 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.
[1]
Editor's Note: Said attachment is on file in the Township
offices.
After adoption 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 firefighting,
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.
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.
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 burning that amount of domestic refuse
generated from one dwelling, when the fire is on the premises of a
structure occupied solely as a dwelling by two families or less and
when the refuse results from the normal occupancy of said structure.
G.
A fire set for the purpose of burning that amount of yard waste generated
from the premises of a structure occupied solely as a dwelling by
two families or less (except where composting is mandatory), when
the fire is on the premises of said structure.
H.
A fire set solely for cooking food.
I.
A fire set solely for recreational or ceremonial purposes.
A.
The Township Code Officer or any other duly authorized agent shall
have the power and duty to enforce the provisions of this chapter.
B.
The Township 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 Township finds
that any condition existing in or on the facility or source involved
is causing or contributing to open burning or if the Township finds
that any person is in violation of any provision of this chapter.
C.
The Township may, in its order, require compliance with such conditions
as are necessary to prevent or abate open burning or effect the purposes
of this chapter.
D.
An order issued under this section shall take effect upon notice,
unless the order specifies otherwise. An appeal to the Zoning Hearing
Board of the Township of Fallowfield's order shall not act as
a supersedeas; provided, however, that, upon application and for cause
shown, the Zoning Hearing Board may issue such a supersedeas under
rules established by the Zoning Hearing Board.
E.
The authority of the Township of Fallowfield 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.
Whenever the Code Officer or other authorized agent of the Township finds that open burning is occurring in the Township of Fallowfield, other than those exceptions noted in § 166-5 above, the Code Officer or other authorized agent of the Township may order the owner or operator to take corrective action in a manner satisfactory to the Township of Fallowfield, or the Code Officer or other authorized agent of the Township may order the owner or operator to allow access to the land by the Code Officer or other authorized agent of the Township 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 or recovering the cost of litigation, oversight, monitoring, sampling, testing, and investigation related to a corrective action, the Township of Fallowfield 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 § 166-9 of this chapter.
Any person who violates any provision of this chapter or any
order of the Township of Fallowfield issued pursuant to this chapter
commits a summary offense and shall, upon conviction, be sentenced
to pay a fine of not less than $100 nor more than $2,500 for each
separate offense and, in default of the payment of such fine, may
be sentenced to imprisonment for 90 days for each separate offense.
Employees of the Township of Fallowfield 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 Solicitor is hereby authorized to prosecute
these offenses. For purposes of this section, a summary offense may
be prosecuted before the Magisterial District Judge who is assigned
to the Township. There is no accelerated rehabilitative disposition
authorized for a summary offense.
A.
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 Township of Fallowfield
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 $10,000 per day for each violation. In determining
the amount of the penalty, the Township of Fallowfield shall consider
the willfulness of the violation; damage to air, soil, water, or other
natural resources of the Township of Fallowfield or their uses; financial
benefit to the person in consequence of the violation; deterrence
of future violations; cost to the Township of Fallowfield; the size
of the source or facility; the compliance history of the source; the
severity and duration of the violation; degree of cooperation in resolving
the violation; the speed with which compliance is ultimately achieved;
whether the violation was voluntarily reported; other factors unique
to the owners or operators of the source or facility; and other relevant
factors.
B.
When the Township of Fallowfield proposes to assess a civil penalty,
it shall inform the person of the proposed amount of the penalty.
The person charged with the penalty shall then have 30 days to pay
the proposed penalty in full; or if the person wishes to contest the
amount of the penalty or the fact of the violation to the extent not
already established, the person shall forward the proposed amount
of the penalty to the Zoning Hearing Board within the thirty-day period
for placement in an escrow account with the State Treasurer or any
commonwealth bank or post an appeal bond to the Zoning Hearing Board
within 30 days in the amount of the proposed penalty, provided that
such bond is executed by a surety licensed to do business in the commonwealth
and is satisfactory to the Township of Fallowfield. If, through administrative
or final judicial review of the proposed penalty, it is determined
that no violation occurred or that the amount of the penalty shall
be reduced, the Zoning Hearing Board shall, within 30 days, remit
the appropriate amount to the person with any interest accumulated
by the escrow deposit. Failure to forward the money or the appeal
bond at the time of the appeal shall result in a waiver of all legal
rights to contest the violation or the amount of the civil penalty
unless the appellant alleges financial inability to prepay the penalty
or to post the appeal bond. The Zoning Hearing Board shall conduct
a hearing to consider the appellant's alleged inability to pay
within 30 days of the date of the appeal. The Zoning Hearing Board
may waive the requirement to prepay the civil penalty or to post an
appeal bond if the appellant demonstrates and the Zoning Hearing Board
finds that the appellant is financially unable to pay. The Zoning
Hearing Board shall issue an order within 30 days of the date of the
hearing to consider the appellant's alleged inability to pay.
The amount assessed after administrative hearing or after waiver of
administrative hearing shall be payable to the Township of Fallowfield
and shall be collectible in any manner provided by law for the collection
of debts, including the collection of interest on the penalty amount
computed in accordance with Section 6621(a)(2) of the Internal Revenue
Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.)
from the date of assessment of the penalty. If any person liable to
pay any such penalty neglects or refuses to pay the same after demand,
the amount, together with interest and any costs that may accrue,
shall constitute a debt of such person, as may be appropriate, to
the Township of Fallowfield. The debt shall constitute a lien on all
property owned by said person when a notice of lien incorporating
a description of the property of the person subject to the action
is duly filed with the Prothonotary of the Court of Common Pleas where
the property is located. The Prothonotary shall promptly enter upon
the civil judgment or order docket, at no cost to the Township of
Fallowfield, the name and address of the person, as may be appropriate,
and the amount of the lien as set forth in the notice of lien. Upon
entry by the Prothonotary, the lien shall attach to the revenues and
all real and personal property of the person, whether or not the person
is solvent. The notice of lien, filed pursuant to this section, which
affects the property of the person shall create a lien with priority
over all subsequent claims or liens which are filed against the person,
but it shall not affect any valid lien, right, or interest in the
property filed in accordance with established procedure prior to the
filing of a notice of lien under this section.
It shall be unlawful to fail to comply with or to cause or assist
in the violation of any of the provisions of this chapter or to fail
to comply with any order or other requirement of the Township of Fallowfield;
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 Township of Fallowfield or its personnel in
their performance of any duty hereunder, including denying the Code
Officer or other authorized agent of the Township access to the source
or facility; or to violate the provisions of 18 Pa.C.S.A. § 4903
(relating to false swearing) or 18 Pa.C.S.A. § 4904 (relating
to unsworn falsification to authorities) in regard to papers required
to be submitted under this chapter. The owner or operator of an open
burning source shall not allow pollution of the air, water, or other
natural resources of the Township of Fallowfield to result from the
source.
A violation of this chapter or of any order issued by the Township of Fallowfield under this chapter shall constitute a public nuisance. The Township of Fallowfield 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 Township of Fallowfield may recover the expenses of abatement following the process for assessment and collection of a civil penalty contained in § 166-9. 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.
Ordinance No. 131 previously enacted is hereby repealed. All
other ordinances or parts thereof which are in conflict with this
chapter are hereby repealed.
