Township of Schuylkill, PA Chapter 122 Burning, Open

[HISTORY: Adopted by the Board of Supervisors of the Township of Schuylkill 10-3-2001 by Ord. No. 01-07. Amendments noted where applicable.]

§ 122-1 Open burning restrictions.

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.[1]

[1] Editor's Note: See 25 Pa. Code § 129.14.

§ 122-2 Exceptions.

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:[1]

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.

[1] Editor's Note: See 25 Pa. Code § 129.14(c).

§ 122-3 Burning of leaves and yard waste prohibited.

[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.

§ 122-4 Violations and penalties.

[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.