[HISTORY: Adopted by the Board of Supervisors of the Township of Conewago 3-21-2011 by Ord. No. 2011-C.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 52.
Junkyards and junk dealers — See Ch. 88.
Solid waste — See Ch. 125.
[1]
Editor's Note: This ordinance also repealed former Ch. 42, Air Pollution, adopted 9-13-1978 as Ch. II, Part 1, of the 1978 Code, as amended.
This chapter shall be known and may be cited as the "Conewago Township Open Burning Ordinance of 2011."
The Board of Supervisors of the Township of Conewago, under and by virtue of and pursuant to the authority granted by the Commonwealth of Pennsylvania pursuant to the Air Pollution Control Act, 35 P.S. § 4001 et seq., has hereby enacted and ordained this chapter.
Whereas the Board of Supervisors of Conewago 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 Conewago Township, it is hereby declared the policy of Conewago Township to safeguard the citizens of Conewago Township 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 delineated 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.
Board of Supervisors of the Township of Conewago.
An outdoor fire utilized for ceremonial or recreational purposes.
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.
Solid waste resulting from the construction or demolition of buildings and other structures, including but not limited to wood, plaster, metals, asphaltic substances, bricks, block and unsegregated concrete.
A tract of land cultivated for the purpose of agricultural production or devoted to the raising and breeding of domestic animals and having a minimum lot size of 10 acres.
The Fire Officer from the Fire Department of local jurisdiction, police officers or any other person so appointed and designated by the Board of Supervisors of the Township of Conewago.
Any device specifically designed for the destruction by burning of refuse, sewage sludge or any other combustible material.
Leaves, garden residue, shrubbery, tree trimmings and similar materials, but not including grass clippings.
The Township of Conewago.
Garbage, refuse, industrial lunchroom or office waste and other materials, including solid, semisolid, liquid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities.
Material derived or formed from inanimate objects, other than vegetable, such as tin cans, glass crockery, metals, plastic and similar materials.
The customary and generally accepted activities, practices and procedures that farms adopt, use or engage in year after year in the production and preparation for market of poultry, livestock and their products and in the production, harvesting and preparation for market of agricultural, agronomic, horticultural, silvicultural and aquicultural crops and commodities, if the operations are conducted in compliance with applicable laws and if the use or disposal of these materials will not pollute the air, water or other natural resources of the commonwealth. The term includes the storage and utilization of agricultural and food process wastes for animal feed and the agricultural utilization of septic tank cleanings and sewage sludges which are generated off site. The term also includes the management, collection, storage, transportation, use or disposal of manure, other agricultural waste and food processing waste on land where the materials will improve the condition of the soil, the growth of crops or in the restoration of the land for the same purposes.
The burning of any materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. For the purposes of this chapter, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open.
Material derived from living organisms such as wood, paper and yard waste.
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.
Any outdoor fire utilized to cook food for human consumption.
Any material that is required to be recycled in Conewago Township under Pennsylvania Act 101,[2] including scrap lumber (nontreated/painted), yard waste and leaves.
Waste, including but not limited to municipal, residual, or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials as defined in 25 Pa. Code § 271.1.
A.
It shall be unlawful for any person to open burn any material, including the following, at any time in any zone within the municipality: household trash, books, magazines, newspapers, cardboard and/or any items that are required to be recycled in Conewago Township under Pennsylvania Act 101,[1] including leaf waste, leaves and scrap lumber, or any vegetation, plywood, drywall, plastic products, insulation materials, upholstered furniture, solid waste and/or construction waste as defined by the Pennsylvania Solid Waste Management Act[2] and 25 Pa. Code § 271.1, garbage, dead animals, human and animal excrement, human and animal hair, rubber products, including tires, hydrocarbon products or flammable liquids, asphalt or tar shingles or roofing materials, bedding, foam rubber, nylon, rayon, cotton, wool, polyester or other synthetic material, insulation from copper or other wiring, except where the fire or burning operations result from:
(1)
An open burning set to prevent or abate a fire hazard when approved by the Department of Environmental Protection's Regional Office and set by or under the supervision of a public officer. A permit is required as a prerequisite to any burning under this subsection.
(2)
A fire set for the purpose of instructing personnel in firefighting. A permit issued by the Fire Official is required as a prerequisite to any burning under this subsection.
(3)
A fire set for the prevention and control of disease or pests. A permit issued by the Fire Official is required as a prerequisite to any burning under this subsection.
(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 Office.
(5)
A fire set in conjunction with the production of agricultural commodities in their unmanufactured state on the premises of the farm operation. A permit issued by the Fire Official is required as a prerequisite to any burning under this subsection.
(6)
A contained fire set solely for cooking food or recreational purposes.
B.
Open burning as permitted by § 42-5B hereof shall be subject to the following regulations:
(1)
Any such open burning is located at least 50 feet or more from any building, structure or combustible materials and shall not occur within the right-of-way of any street, avenue, road or other public or private way and shall not create a fire hazard. Fires in approved containers shall be permitted, provided that such fires are not less than 20 feet from any structure.
(2)
All fires in open burning must be guarded or attended to by one or more responsible adult persons, being individuals 18 or over, at all times until such fire and open burning has been extinguished.
(3)
The burning of leaf waste is not permitted except for normal farming practices as defined by the Department of Environmental Protection.
(4)
Nonorganic recyclable material or leaf waste, as defined in § 42-4, or any other combustibles which may create large amounts of smoke may not be openly burned.
(5)
Any such open burning shall be permitted between the hours of 8:00 a.m. and 4:00 p.m. No burning or smoldering shall occur outside the above time period.
C.
Suspension of open burning. Any Fire Official may suspend the above regulations at any time and from time to time when it is determined by any of them that, in their opinion, any of the following conditions exist:
(1)
Smoke, embers and/or ash emissions cause damage to property or vegetation of adjacent properties.
(2)
Smoke, embers and/or ash emissions are, or may be, offensive, objectionable or deleterious to human or animal health.
(3)
Dry conditions or drought warrant a ban on all open burning, as established by Adams County.
Outdoor fireplaces and outdoor cooking grills shall be permitted upon private property within all zones of the Township solely for the purpose of cooking foods. The following regulations shall apply:
Outdoor patio stoves, chimineas, or factory-built novelty stoves shall be permitted outside residential private property within all zones of Conewago Township, provided that the following regulations apply:
Fireplaces or wood-burning or coal stoves shall be permitted inside residential private property within all zones of Conewago Township solely for the purpose of heating the dwelling unit. The following regulations shall apply:
A.
Only seasoned firewood, coal or solid fuels recommended by the manufacturer may be burned in such fireplaces, wood-burning or coal stoves or solid-fuel heaters.
C.
Such fireplaces, wood-burning or coal stoves or solid-fuel heaters shall not be used for such purpose when, in the judgment of the Fire Official, a fire hazard is created by such use, and operation and/or any danger is posed to the occupants therein or the neighboring buildings and/or occupants.
D.
If the smoke, ashes and/or smell emitting to the outside atmosphere from the chimney, stove pipe or flue are objectionable or offensive to the general public, the operation of such fireplace, wood-burning or coal stove or solid-fuel heater shall be suspended by the Fire Official.
It shall be lawful to burn combustible rubbish and materials within Conewago Township by means of an enclosed outdoor or indoor incinerator operated by chemical or thermal means, provided the incinerator is attached to a proper stack or chimney and complies with the current Conewago Township ICC Codes, and provided the following regulations are adhered to:
A.
The incinerator shall be the type approved by an authorized representative of the Pennsylvania Department of Health and the Pennsylvania Department of Environmental Protection. Both of the above Departments shall give evidence of approval in written certification of inspection and approval.
B.
All owners of property within Conewago Township on or in which there exists an incinerator shall advise the Township office of such incinerator and the location of same.
Ashes, smoldering coals, wood and embers or other material liable to spontaneously ignite shall not be deposited or allowed to remain within 10 feet of any combustible materials but shall be deposited in noncombustible containers. Rubbish of any kind shall not be allowed to accumulate.
The Township of Conewago, through its authorized agents, shall have the power and duty to enforce the provisions of this chapter.
A.
The Township of Conewago 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 of Conewago finds that any condition existing in or on the facility or source involved is causing or contributing to open burning or if the Township of Conewago finds that any person is in violation of any provision of this chapter.
B.
The Township of Conewago 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.
C.
An order issued under this section shall take effect upon notice, unless the order specifies otherwise.
D.
The authority of the Township of Conewago 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 Fire Official finds that open burning is occurring in the Township of Conewago, other than those exceptions noticed in § 42-5 above, the Fire Official may order the owner or operator to take corrective action in a manner satisfactory to the Township of Conewago, or the Fire Official may order the owner or operator to allow access to the land by the Fire Official 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 Conewago may collect the amount in the same manner as civil penalties are assessed and collected following the process for assessment and collection of penalties contained in § 42-13 of this chapter.
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys' fees, incurred by the Township in the enforcement of this chapter. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to enforce compliance by filing an action in equity in lieu of a civil action filed before a Magisterial District Judge.
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 Conewago 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 Conewago or its personnel in their performance of any duty hereunder, including denying the Fire Official 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 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 Conewago to result from the source.
A violation of this chapter or of any order issued by the Township of Conewago under this chapter shall constitute a public nuisance. The Township of Conewago 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 Conewago may recover the expenses of abatement following the process for assessment and collection of a civil penalty contained in § 42-13 of this chapter. 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.
