Borough of Millvale, PA Chapter 109 Burning, Open

[HISTORY: Adopted by the Borough Council of the Borough of Millvale 6-9-2015 by Ord. No. 2573. Amendments noted where applicable.]

GENERAL REFERENCES

Zoning — See Ch. 312.

§ 109-1 Compliance required.

It shall be unlawful for a person, firm, or corporation to conduct, or allow to be conducted, the open burning of any material, except where the Allegheny County Health Department has issued an open burning permit to such person in accordance with this chapter or where the open burning is conducted solely for the purpose of preparation of food for human consumption, recreation, light, or ornament, and in a manner which contributes a negligible amount of air contaminants.

A. "Open burning" means any fire or combustion from which air contaminants pass directly into the open air without passing through a flue. The term includes any fire or combustion which occurs in a chiminea, fire pit, outdoor fireplace or grill.

B. No material other than clean wood, propane, or natural gas may be burned except as provided for in this section:

(1) Charcoal may be used in an outdoor fireplace or grill for the purpose of cooking.

(2) Commercially available fire logs, paraffin logs, or wood pellets may be used in outdoor fireplaces.

(3) Paper or commercial smokeless fire starters may be used with clean wood to start an allowed fire.

C. Any volume of clean wood being burned shall be no larger than three feet wide by three feet long by two feet high and shall be at least 15 feet from the nearest neighbor's dwelling or inhabited area, any property line, roadway, sidewalk, or public accessway.

D. Open burning using chimineas, fire pits, or outdoor fireplaces may only be conducted using materials listed in Subsection B above.

E. Any open burning shall be tended by a responsible person at all times, the fire shall be completely extinguished when not attended.

F. There must be an adequate source of extinguishment for immediate use.

G. Wood-burning activities shall not be conducted on air quality action days, with the exception of conducting such burning for the commercial preparation of food.

H. The Borough of Millvale, in cooperation with Allegheny County, may prohibit, or reduce, any open burning activity which it determines to be a nuisance. This determination will be based on, but not limited to, the following criteria:

(1) The severity of the amount of air pollutants, or malodorous material;

(2) The duration or frequency of open burning;

(3) The topography of the surroundings; and/or

(4) The meteorological conditions.

I. This section shall not allow or permit any open burning which would not otherwise be allowed or permitted under any applicable Borough and/or county ordinance or fire code.

§ 109-2 Discovery of fire.

Immediately upon the discovery of any open burning that is not being conducted in accordance with this chapter, the person responsible for the property on which such burning occurs shall immediately extinguish, or cause the extinguishment of, such burning.

§ 109-3 Presumption.

Proof that the defendant in any enforcement action owns or controls the property on which open burning occurs shall be prima facie evidence that such defendant has conducted, or allowed to be conducted, such open burning.

§ 109-4 Permits.

A. The Allegheny County Health Department may issue a permit for open burning in the Borough of Millvale during a period specified by the county, but only where the open burning is solely for:

(1) The warmth of work crews:

(a) The burning is conducted in a noncombustible container no larger than a fifty-five gallon drum;

(b) The material being burned may only be conducted using materials listed in § 109-1B and be completely contained in the container;

(c) Only one container is used for each work crew; and

(d) The outside temperature is less than 40° F.

(2) The abatement of a fire or public health hazard when the burning is conducted under the supervision of a public officer;

(3) The instruction of personnel in firefighting, except that instruction using only propane does not require a permit;

(4) The fostering of agriculture;

(5) The conducting of a ceremony; or

(6) Clearing and grubbing wastes subject to, at a minimum, the following requirements:

(a) Air curtain incineration units shall be used at all times when burning, clearing and grubbing wastes.

(b) The use of air curtain incineration units shall not be permitted unless approved by the Allegheny Health Department in writing with respect to equipment arrangement, design, and existing environmental conditions prior to commencement of burning.

(c) Approval for use of an air curtain incineration unit at one site may be granted for a specified period not to exceed three months, but may be extended for additional limited periods upon further written approval by the Allegheny County Health Department.

(d) If operated at commercial, industrial, or institutional facilities, the air curtain incinerator may also be subject to the NSPS requirements of 40 CFR 60 Subpart CCCC or EEEE.

B. The permit application shall be submitted on forms prepared by Allegheny County and delivered to Allegheny County by the property owner at least 15 days prior to the proposed burning date(s) and shall specify the types of materials to be burned, and only those types of materials which are approved by the County in the permit shall be burned. Allegheny County may issue a permit subject to any additional terms and conditions as are appropriate to further the purposes of this chapter, and may deny a permit application or rescind any such permit when it determines that an actual or potential air pollution problem exists.

C. An approved permit shall be in the possession of the applicant or an authorized representative at the site of the permitted open burning at all times during said open burning and shall be available for inspection upon request by any Borough and or county personnel, law enforcement officer, or fire protection officer.

D. Any open burning permit issued by the County shall immediately be suspended upon the declaration of an alert or localized incident pursuant to § 109-5 of this chapter and shall remain suspended for the duration of the alert or localized incident. If the open burning permit expires during such period of suspension, an extension of such permit shall be obtained from the county prior to burning any materials.

E. Open burning activities requiring a permit shall not be conducted on air quality action days.

F. The property owner must notify the Borough Zoning Officer when receiving a county permit. It is the sole responsibility of the property owner to notify the Borough at least 48 hours prior to county permit initiation.

(1) Property owner is subject to all penalties and fines if county permit is not reported to the Borough Zoning Officer.

§ 109-5 Enforcement.

Notwithstanding any other provision of this chapter, the prohibitions of this chapter may be enforced by the Borough of Millvale, Allegheny County and Commonwealth of Pennsylvania. Such enforcement shall be in accordance with this chapter and the Pa. Air Pollution Control Act.[1] In addition, the Borough may pursue the remedies provided by § 109-6 of this chapter for any violation.

[1] Editor's Note: See 35 P.S. § 4001 et seq.

§ 109-6 Violations and penalties.

Any persons, firm, corporation or group of individuals found in violation of this chapter shall, upon conviction thereof before any issuing authority, be subject to a fine, not less than $100 nor more than $1,000, plus the costs of prosecution, and may be sentenced to a period of incarceration not exceeding 30 days in the Allegheny County Jail. Each incident in violation of this chapter shall be considered a separate offense and may be punishable as such.