[Ord. 5-2004, 8/26/2004, § I]
This Part is adopted and enacted pursuant to the provisions
of 53 P.S. § 66529.
[Ord. 5-2004, 8/26/2004, § II]
The Board of Supervisors of Hunlock Township, Luzerne County,
Pennsylvania have determined that open burning and air pollution is
detrimental to the health, comfort, living conditions, welfare and
safety of the citizens of Hunlock Township and, therefore, it is declared
to be the policy of Hunlock Township to safeguard the citizens thereof
from unrestricted open burning and air pollution.
[Ord. 5-2004, 8/26/2004, § III]
The following definitions shall apply to the interpretation
and enforcement of this Part, unless the context clearly indicates
otherwise. Where the terms are not defined herein, they shall have
their ordinary accepted meaning.
A mechanical device which forcefully projects a curtain of
air across a pit in which open burning is being conducted so that
combination efficiency is increased and smoke and other particulate
matter are contained.
Any container used for the purpose of burning materials as
authorized herein; constructed of masonry, metal or other non-combustible
rigid materials; containing a bottom, sides and a burn container cover
as defined herein. Any container which has deteriorated to the point
where they contain holes or missing surface in the structure shall
not be considered an approved container. If metal drums are being
used, they shall be free from holes in the sides and/or bottom, except
that they may contain drain or vent holes in the bottom of the drum
no larger than two square inches each.
A metal screen with spaces not more than 1/2 square inch,
or other comparable material which coves the entire open area above
the approved container opening. Such screens shall be maintained in
good order as to prevent large particles from escaping from the approved
container during operation. The cover shall not be permitted to deteriorate
to any point whereby it loses its maximum efficiency.
The act of consuming by fire; to flame, char, scorch or blaze.
As used in this Part, 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.
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 household hazardous waste, source separated recyclables,
appliances, carpets, demolition waste (insulation, shingles, plaster,
siding, etc.), food waste, furniture, mattresses or box springs, paint,
plastics, petroleum products, putrescible waste, rubber products,
solvents, tires, treated wood or wire.
Includes garbage, refuse, sludge from an industrial or other
wastewater treatment plant, sludge from a water supply treatment plant
or air pollution control facility, and other discarded material including
solid, liquid, semi-solid or contained gaseous material resulting
from municipal, commercial, industrial, institutional, mining or agricultural
operations, and from community activities, or a combination of these
factors, which because of its quantity, concentration, or physical,
chemical or infectious characteristic, may:
A waste that would be considered hazardous under the Solid
Waste Management Act (35 P.S. § 6018.101 et seq.) ("SWMA"),
but for the fact that it is produced in quantities smaller than those
regulated as hazardous waste under the SWMA and is generated by persons
not otherwise covered as hazardous generators by the SWMA. The term
shall also include those items excluded as "domestic refuse" as defined
herein.
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.
Open burning where the fuel being burned is not contained
in an approved container and the burning occurs for pleasure, religious,
ceremonial, cooking, warmth, or other similar purposes. An example
includes, but is not limited to, bonfires and other such fires.
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling. The term is limited
to clear glass, colored glass, aluminum, steel and bimetallic cans,
high-grade office paper, newsprint, corrugated paper, plastics and
other marketable grades of paper.
Any house, dwelling, garage, shed or shelter constructed,
fabricated or built of materials which may burn.
Leaves, grass clippings, garden residue, tree trimmings,
chipped shrubbery and other vegetative material.
[Ord. 5-2004, 8/26/2004, § IV]
No person shall burn, ignite or feed any open fire or allow, permit, maintain or cause any open burning of any material within the limits of Hunlock Township, unless otherwise permitted or allowed with the exception of those outlined and regulated in § 7-205.
[Ord. 5-2004, 8/26/2004, § V]
1.
Open burning is allowed or permitted under the following circumstances
and conditions:
A.
A fire set to prevent or abate a fire hazard, when approved by the
Department of Environmental Protection (DEP's Regional Air Quality
Program Office), and approved, and under the direct supervision of
the Township Fire Enforcement Officer or his/her designee.
B.
Any fire set for the purpose of instructing personnel in fire fighting,
when approved by the Department of Environmental Protection (DEP's
Regional Air Quality Program Office), and approved, and under the
direct supervision of the Township Fire Enforcement Officer or his/her
designee.
C.
A fire set for the prevention and control of disease or pests, when
approved by the Department of Environmental Protection (DEP's
Regional Air Quality Program Office), and approved, under the direct
supervision of the Township Fire Enforcement Officer or his/her designee.
D.
A fire set in conjunction with the production of agricultural commodities
in their unmanufactured state on the premises of the farm operation,
when approved by the Township Fire Enforcement Officer, and under
the direct supervision of the Township Fire Enforcement Officer or
his/her designee. Authorization in writing shall be requested by and
issued to the owner of the land upon which the burning is to be conducted.
Applications shall be submitted to the Fire Enforcement Officer, in
writing, at least 10 days before the fire is set and shall be in such
a form and contain such information as required by the Fire Enforcement
Officer. Such applications shall, at a minimum, contain the following
information and adhere to the following conditions:
(1)
Burning during daylight hours.
(2)
Identify purpose for burning.
(3)
Identify nature and quantities of materials to be burned.
(4)
Identify date when burning will take place.
(5)
Identify hours when burning will take place (three hours maximum).
(6)
Identify location of burning site.
(7)
A fire extinguisher shall be present at all times or some other
approved on-site fire extinguishing equipment, such as dirt, sand,
water barrel, garden hose or water truck, shall be available for immediate
utilization.
E.
A fire set solely for cooking food in:
(1)
Devices designed for that purpose, located not less than 15
feet (4,572 mm) from a structure or property line.
(2)
Charcoal cooking units, except charcoal cooking units shall
not be located on balconies, decks or porches exceeding one story
in height of multi-unit buildings or apartment units, whether residential
or mixed uses.
F.
Highway safety flares, smudge pots, tar pots and similar occupational
uses.
G.
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,
and subject to the following restrictions:
(1)
Must be burned in an approved container.
(2)
Container shall be a minimum of 25 feet (7,620 mm) from a structure
or property line.
(3)
Must be attended at all times.
(4)
Must take place during daylight hours.
(5)
A fire extinguisher shall be present at all times or some other
approved on-site fire extinguishing equipment, such as dirt, sand,
water barrel, garden hose or water truck, shall be available for immediate
utilization.
(6)
Burning of domestic refuse is not allowed, and would be just
cause for extinguishment under the following conditions:
(a)
The emissions are visible, at any time, at the point such emissions
pass outside the property of the person on whose land the domestic
burning is being conducted.
(b)
Malodorous (bad) odor contaminants from the domestic burning
are detectable outside the property of the person on whose land the
domestic burning is being conducted.
(c)
The emissions interfere with the reasonable enjoyment of life
and property.
(d)
The emissions cause damage to vegetation or property.
(e)
The emissions are or may be deleterious (having harmful effect)
to human or animal health.
(f)
Any order by the Fire Enforcement Officer or other governmental
body prevents burning due to drought or other extreme weather conditions.
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No permit shall be required for this type of burning provided
there is compliance with these conditions.
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H.
A fire set for the purpose of burning that amount of yard waste generated
from one dwelling is allowed without a permit 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, and subject to the following restrictions:
(1)
The yard waste shall not be more than five feet (1,524 mm) by
five feet (1,524 mm) by five feet (1,524 mm) in dimension.
(2)
Open burning shall not be less than 50 feet (1,5240 mm) from
a structure or property line, and provisions shall be made to prevent
the fire from spreading to within 50 feet (1,5240 mm) of any structure
or property line.
(3)
Fuel shall consist only of yard waste and shall be ignited with
a small quantity of paper, using no accelerants, to minimize the generation
of air contaminants.
(4)
Must take place during daylight hours.
(5)
Must be attended at all times.
(6)
A fire extinguisher shall be present at all times of open burning
or some other approved on-site fire extinguishing equipment, such
as dirt, sand, water barrel, garden hose or water truck, shall be
available for immediate utilization.
(7)
Burning of yard waste is not allowed and would be just cause
for extinguishment under the following conditions:
(a)
The emissions are visible, at any time, at the point such emissions
pass outside the property of the person on whose land the domestic
burning is being conducted.
(b)
Malodorous (bad) odor contaminants from the domestic burning
are detectable outside the property of the person on whose land the
domestic burning is being conducted.
(c)
The emissions interfere with the reasonable enjoyment of life
and property.
(d)
The emissions cause damage to vegetation or property.
(e)
The emissions are or may be deleterious (having a harmful effect)
to human or animal health.
(f)
Any order by the Fire Enforcement Officer or other governmental
body prevents burning due to drought or other extreme weather conditions.
(g)
No permit shall be required for this type of burning provided
there is compliance with these conditions.
I.
A fire set solely for recreational or ceremonial purposes, if approved
by the Township Fire Enforcement Officer or his/her designee. Any
such fires shall be governed by any conditions, in the discretion
of the Township Fire Enforcement Officer or his/her designee, as are
required to ensure the safety of the participants, the Township residents,
and/or the public, which shall include, but are not limited to, the
following restrictions:
(1)
Applications for such burning shall be by the landowner submitted
to the Fire Enforcement Officer for approval, in writing, at least
10 days before the fire is set and shall be in such a form and contain
such information as required by the Fire Enforcement Officer. Such
applications shall contain, as a minimum, the following information:
(a)
Identify purpose for burning.
(b)
Identify nature and quantities of materials to be burned.
(c)
Identify date when burning will take place.
(d)
Identify hours when burning will take place (three hours maximum).
(e)
Identify location of burning site.
(f)
Attest that on-site fire extinguishing equipment, approved by
The Township Fire Enforcement Officer or his/her designee will be
provided.
(2)
Shall not be more than five feet (1,524 mm) by five feet (1,524
mm) by five feet (1,524 mm) in dimension.
(3)
Fuel shall consist only of seasoned dry firewood, with no accelerants,
and shall be ignited with a small quantity of paper and chosen to
minimize the generation of air contaminants.
(4)
Shall not be utilized for waste disposal purposes.
(5)
Must be attended at all times.
(6)
The Township Fire Enforcement Officer or his/her designee shall
reserve the right to withdraw authorization at any time.
J.
Clearing and grubbing wastes may be burned subject to the following
requirements:
(1)
Air curtain destructors shall be used when burning clearing
and grubbing wastes.
(2)
When approved by the Department of Environmental Protection
(DEP's Regional Air Quality Program Office), and under their
guidelines, and approved, and under the direct supervision of the
Township Fire Enforcement Officer or his/her designee.
[Ord. 5-2004, 8/26/2004, § VI]
1.
There shall be a nonrefundable fee of $25 payable to the Township
of Hunlock submitted with each application for which a permit is required
pursuant to the terms and provisions of this Part. It shall be the
duty of the Township Fire Enforcement Officer to enforce the provisions
of this Part and the rules and regulations contained therein and his/her
powers, rights and duties shall include, but are not limited to the
following:
A.
The Township Fire Enforcement Officer shall have the right to enter
upon and inspect any building, property, premise or place for the
purpose of investigating an actual or suspected source of open burning
or for the purpose of ascertaining the compliance with any regulation
approved application, and/or the enforcement of this Part.
B.
The Township Fire Enforcement Officer shall have the right to receive
and initiate complaints and/or violations of this Part.
C.
The Township Fire Enforcement Officer shall have the power and discretion
to initiate enforcement proceedings by sending a written enforcement
notice in accordance with the law and/or institute criminal proceedings.
D.
The Township Fire Enforcement Officer shall attend meetings of the
Board when requested and file a written report detailing any violation
of any regulation of this Part.
E.
The Township Fire Enforcement Officer shall have the authority to
issue such orders, either orally or in writing, as are necessary to
aid in the enforcement of the provisions of this Part, including,
but not limited to: orders modifying, suspending, terminating or revoking
approval of applications; orders requiring persons to cease unlawful
burning which, in the course of its occurrence, is in violation of
any provision of this Part; orders requiring the monitoring of any
open burning; or orders prohibiting all open burning during drought
or extreme weather conditions where atmospheric conditions or local
weather circumstances make open fires hazardous.
F.
The Township Fire Enforcement Officer shall keep records of received
applications, approved applications, denied applications, complaints
received, complaints initiated, enforcement notices, reports, orders,
citations, any other pertinent records necessary for the enforcement
of this Part. Such records shall be maintained in the Township building,
and copies of all such items retained shall be provided to the Township
Manager within three business days of receipt, completion, service
or filing. The Township Fire Enforcement Officer shall further.
[Ord. 5-2004, 8/26/2004, § VII]
Any person who violates any provision of this Part, any order
from the Fire Enforcement Officer or any written term or condition
directed by the Fire Enforcement Officer pursuant to an application
submitted in accordance with this Part, shall, upon conviction, be
sentenced to pay a fine of not less than $100 nor more than $1,000
for each separate offense and/or may be sentenced to imprisonment
not to exceed 90 days for each separate offense. The Fire Enforcement
Officer is authorized to issue or file non-traffic citations with
the district justice with jurisdiction for any violations of this
Part and, the Solicitor for the Hunlock Township is hereby authorized
to prosecute these offenses. The Fire Enforcement Officer shall further
maintain records and reports of all complaints received, investigations
thereof and any action taken in regard to any complaints. Prior to
commencing civil or criminal proceedings against any person, party
or entity alleged to have violated the terms and provisions of this
Part, the Fire Enforcement Officer shall seek approval and authorization
from the Hunlock Township Board of Supervisors.
[Ord. 5-2004, 8/26/2004, § VIII]
In addition to proceeding under any other remedy available at
law or in equity, for money damages or equitable relief, for a violation
of a provision of this Part or any order or municipal approved application
issued pursuant to this Part, the Hunlock Township may assess a civil
penalty for the violation. The penalty may be assessed whether or
not the violation was willful. The fine 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 Hunlock Township,
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.
[Ord. 5-2004, 8/26/2004, § IX]
It shall be unlawful to fail to comply with or to cause or assist
in the violation of any of the provisions of this Part or to fail
to comply with any order, approved application, or other requirement
of the Hunlock Township; 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 Hunlock Township
or its personnel in their performance of any duty hereunder, including
denying the Hunlock Township access to the source or facility; or
to violate the provisions of 18 Pa.C.S.A. § 4903 (relating
to false swearing) or § 4904 (relating to unsworn falsification
to authorities) in regard to papers required to be submitted under
this Part. The owner or operator of an open burning source shall not
allow pollution of the air, water or other natural resources of the
Hunlock Township to result from open burning.
[Ord. 5-2004, 8/26/2004, § X]
A violation of this Part or of any order or approved application issued by Hunlock Township under this Part shall constitute a public nuisance. The Hunlock Township 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 Hunlock Township may recover the expense of abatement following the process for assessment and collection of a civil penalty contained in § 7-207. Whenever the nuisance is maintained or continued contrary to this Part or any order or approved application, the nuisance may be abatable in the manner provided by this Part. Any person who causes the public nuisance shall be liable for the cost of abatement.
[Ord. 5-2004, 8/26/2004, § XI]
Any refusal to comply with the terms and provisions of this
Part, whether or not a permit for burning, open burning or open fire
burning is required, shall subject the violator to the penalties,
civil and/or criminal, set forth herein.
