[HISTORY: Adopted by the Borough Council of the Borough of New Wilmington as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 122.
Fire prevention — See Ch. 149.
Trees and shrubs — See Ch. 248.
[Adopted 6-15-1972 by Ord. No. 330 (Ch. VIII, Part 2, of the 1967 Code)]
This article shall be known and may be cited as the "New Wilmington Air Pollution Control Ordinance of 1972."
Whereas the Borough Council of the Borough of New Wilmington has determined that air pollution from an open fire may be detrimental to the health, comfort, living conditions, welfare and safety of the citizens of New Wilmington, it is hereby declared to be the policy of New Wilmington to safeguard the citizens of New Wilmington from such air pollution.
The following words, terms and phrases, when used in this article, unless the context clearly indicates otherwise, shall have the following meanings ascribed to them:
BURNING OFFICIAL
An agent designated by Council to enforce this article and to grant exceptions under § 86-B(2).
COUNCIL
The Borough Council of the Borough of New Wilmington.
FURNACE
Any enclosed device specifically designed for the burning of any material for the production of heat.
GARBAGE
All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
INCINERATOR
Any device specifically designed for the destruction by burning of refuse or any other combustible material, which has been individually inspected and approved for burning of refuse or other combustible material by the Burning Official or any official of the Pennsylvania Department of Health or Pennsylvania Department of Environmental Protection.
OPEN FIRE
A fire in which any material is burned in the open or in a receptacle other than a furnace or incinerator.
PERSON
Any individual, partnership, association, syndicate, company, firm, trust, corporation, department, bureau, agency or other entity recognized by law as the subject of rights and duties.
REFUSE
Garbage, rubbish and trade waste.
RUBBISH
Solids not considered to be highly flammable or explosive, including but not limited to rags, old clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, tree branches, tree leaves, yard trimmings, furniture, tin cans, glass, crockery, masonry and other similar materials.
SALVAGE OPERATION
Any business, trade or industry engaged in whole or in part in salvaging or reclaiming any product or material, including but not limited to metals, chemicals, shipping containers or drums.
TRADE WASTE
All solid or liquid material or rubbish resulting from construction, building operations or the prosecution of any business, trade or industry, including but not limited to plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste materials; provided, however, that trade waste shall not include any coal refuse associated with the mining or preparation of coal.
The Borough Police, the Fire Chief of the New Wilmington Volunteer Fire Company, the Burning Official or any other duly authorized agent designated by Council shall have the power and duty to enforce the provisions of this article.
A. 
After September 1, 1972, no person shall:
(1) 
Ignite or feed an open fire for the destruction of refuse or in the conduct of a salvage operation in any public or private place outside of any building; or
(2) 
Cause, suffer, allow or permit the maintenance of any open fire for the destruction of refuse or in the conduct of a salvage operation on any property under his control outside of any building.
B. 
[1]Destruction by burning in an outdoor incinerator of refuse or any other combustible material is permitted, provided that the incinerator or burning device meets the qualifications set out as part of this article by the definition of "incinerator" and provided that the burning device or incinerator is being, and will continue to be, operated and maintained in accordance with good air pollution control practices.
[1]
Editor's Note: Former Subsection B, Exceptions, was repealed 11-5-2001 by Ord. No. 459. This ordinance also provided for the redesignation of former Subsection C as Subsection B.
[Amended 1-3-2000 by Ord. No. 442]
Any person violating any of the provisions of this article shall, upon conviction thereof by any District Justice, be sentenced to pay a fine not exceeding $600, plus costs of prosecution for each offense. Each day a violation exists shall constitute a separate offense.