It is against public policy to permit uncontrolled, unrestricted
outdoor burning. The purpose of this chapter is to prevent needless
public damage to life and outdoor property because of public and private
nuisances caused by outdoor fires deliberately or carelessly set and
improperly maintained.
For the purpose of this chapter, the following words and terms
shall have the meanings ascribed to them herein:
AIR BASIN
A geographic area of this Commonwealth. Pursuant to 25 Pa.
Code 121.1, Hilltown Township is part of the Southeast Pennsylvania
Air Basin.
AIR CURTAIN DESTRUCTOR
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.
BURNING
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.
CONTAINED FIRE
Any fire contained in an incinerator, fireplace, cooking
grill or other contained enclosure designed for outdoor cooking, or
a fireproof container.
DOMESTIC REFUSE
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, treated wood or similar materials.
GRUBBING WASTE
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 of wastes and dirt-laden roots.
LEAF WASTE
As defined in Act 101, as adopted and amended, includes leaves, garden residue,
shrubbery and tree trimmings, and similar material, but not grass
clippings.
OPEN BURNING
A fire, the air contaminants from which are emitted directly
into the outdoor atmosphere and not directed thereto through a flue.
PERSON
Any individual, partnership, organization, association, agency,
firm, estate or corporation, and any other legal or commercial entity.
RESPONSIBLE ADULT
An individual 18 years or older who is not under the influence
of drugs or alcohol or suffering from any other disability which would
impair his or her ability to properly supervise a fire.
YARD WASTE
As defined in Act 101, as adopted and amended, includes leaves, garden residue,
shrubbery, tree trimmings, and grass clippings.
Any fire set or allowed to burn in violation of this chapter
may be extinguished by the Hilltown Township Fire Company or other
authorized body, without prior notice to the landowner. In the event
that a fire company is required to respond to a fire which violates
this chapter, a service fee may be levied by the responding fire company.
The sections of this chapter are severable; and if any section
or part thereof is found to be unconstitutional or unenforceable,
then such determination shall not affect the validity of the remaining
sections or parts thereof.