No person may permit the open burning of material as set forth
in Section 129.14 of Chapter 129 of the PADEP Air Pollution Rules
and Regulations.
The requirement of §
122-1 does not apply where the open burning operations result from the following as set forth in Section 129.14(c) of the Commonwealth's Air Pollution Rules and Regulations:
A. A fire set to prevent or abate a fire hazard, when approved by the
PADEP and set by or under the supervision of a public officer;
B. Any fire set for the purpose of instructing personnel in firefighting,
when approved by the PADEP;
C. A fire set for the prevention and control of disease or pests, when
approved by the PADEP;
D. A fire set in conjunction with the production of agricultural commodities
in their unmanufactured state on the premises of the farm operation;
E. A fire set solely for recreational or ceremonial purposes;
F. A fire set solely for cooking food;
G. A fire set for clearing and grubbing wastes when approved by the
PADEP and set by and under the supervision of the Township Fire Marshal.
[Amended 1-7-2013 by Ord.
No. 2013-01]
Schuylkill Township strictly prohibits the open burning or contained
burning of leaves and all yard waste on private property or within
public road rights-of-way.
[Amended 1-7-2013 by Ord.
No. 2013-01; at time of adoption of Code (see Ch.
1, General Provisions, Art. I)]
Any person, partnership or corporation who or which shall violate
the provisions of this chapter shall, upon conviction in a summary
proceeding brought before a Magisterial District Judge under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not less than $100 nor more than $1,000,
plus costs of prosecution. In default of payment thereof, the defendant
may be sentenced to imprisonment for a term not exceeding 90 days.
Each day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense, and each section
of this chapter that is violated shall also constitute a separate
offense.