It shall be unlawful for any person, or entity, to openly burn
any materials, including, but not limited to, rubbish, trash, garbage,
leaves, vegetative material of any kind, including, but not limited
to, yard waste, household or business products, and materials, including
containers, and packaging materials, chemicals or products containing
chemical residue, or waste or refuse of any kind or nature whatsoever,
anywhere in the Township of Lower Providence, Montgomery County, Pennsylvania,
except as otherwise permitted by the provisions of this article.
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:
AIR BASIN
Lower Providence is located in the geographic area of this
commonwealth identified and delimited by DEP as "Southeast Pennsylvania
Air Basin," consisting of the counties of Bucks, Chester, Delaware,
Montgomery, and Philadelphia.
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.
BARBEQUE GRILL
A commercially manufactured appliance designed and sold for
the sole purpose of the outdoor cooking of food.
BONFIRE
An outdoor fire utilized for ceremonial purposes; with fuel
area larger than that of a recreational/ceremonial open burning fire.
BURNING
The act of consuming by fire; to flame, char, scorch, or
blaze. As used in this article, smoldering shall have the same meaning
as burning and any smoldering shall be deemed a burning.
OPEN BARBEQUE PIT
An area outdoors, excavated or constructed, for the purpose
of holding an outdoor fire to cook food, having a total fuel area
of three feet or less in diameter and two feet or less in height.
OPEN BURNING
Any burning that directly releases or emits air contaminants
into the outdoor atmosphere and not directed thereto through a flue
constructed and permanently connected to a permanent and permitted
structure in the Township.
PERMANENT OUTDOOR FIREPLACE
An outdoor masonry fireplace constructed on site, pursuant
to a permit, in accordance with an approved outdoor fireplace plan,
as a permanent appliance designed for the purpose of holding an outdoor
fire and/or cooking food.
PERSON
Any individual, public or private corporation for profit
or nonprofit, association, partnership, firm, trust, estate, department,
board, bureau or agency of the Commonwealth of Pennsylvania, or any
political subdivision, municipality, district, or authority created
by the laws of the Commonwealth of Pennsylvania, or any other entity
whatsoever which is recognized by the laws of the Commonwealth of
Pennsylvania or the federal government of the United States as being
subject of legal rights and duties.
RECREATIONAL/CEREMONIAL OPEN BURNING
An outdoor open burning fire permitted to burn only dry tree
trimmings (excluding leaves), no greater than three inches in diameter
as fuel and which is not contained in an approved and permitted outdoor
fireplace, a commercially manufactured portable outdoor fireplace,
an outdoor cooking grill or barbeque pit, constructed to have a total
fuel area of three feet or less in diameter and two feet or less in
height.
The following open burning is permitted subject to conditions
and regulations contained herein:
A. Open burning for the purpose of preventing or abating a fire hazard,
provided said burning is permitted by the Department of Environmental
Protection's Southeast Pennsylvania Regional Office; that the Lower
Providence Township Fire Marshal is provided written evidence of said
permission prior to igniting the fire; and the burning is ignited
under the supervision of the appropriate public officer.
B. Open burning conducted for the purpose of instructing personnel in
firefighting, provided said burning is permitted by the Department
of Environmental Protection's Southeast Pennsylvania Regional Office;
and Lower Providence Township's Fire Marshal is provided written evidence
of said permission prior to the igniting of said burning.
C. Open burning for the purpose of prevention and control of disease
or pests, provided said burning is permitted by the Department of
Environmental Protection's Southeast Pennsylvania Regional Office;
and Lower Providence Township's Fire Marshal is provided with written
evidence of said permission prior to the igniting of said burning.
D. Open burning for the purpose of burning, clearing and grubbing of
vegetation to clear land prior to construction, provided said burning
does not include demolition of waste and dirt-laden plant roots or
occur within 50 feet of any structure or combustible materials (other
than the vegetation to be cleared); and employs an air curtain destructor
approved and permitted by the Department of Environmental Protection's
Southeast Regional Office; and written evidence of said approval and
permission is provided to the Fire Marshal of Lower Providence Township
prior to the igniting of said burning; and said burning is extinguished
by dusk on the same day it is ignited; and the name of the person
who will be responsible for conducting the burn and who will be in
constant supervision of the burn is provided; and a permit for said
burn is issued by Lower Providence Township.
E. Open burning in conjunction with the production of agricultural commodities
in their unmanufactured state on the premises of the agricultural
operation, provided said burn is extinguished by dusk on the same
day it is ignited; that written notice of said burning, including
a specific description of the type, quantity, location, fuel, and
manner of burning and manner of extinguishing the burn and the name
of the person who will be responsible for conducting the burn and
who will be in constant supervision of said burn is given to the appropriate
Lower Providence Township Fire Marshal prior to the igniting of said
burning.
F. Open burning for the sole purpose of cooking food, which is entirely
contained in an open barbeque pit. The fuel shall be limited to dry
tree trimmings (excluding leaves) no greater than two inches in diameter:
a permit is first obtained from Lower Providence Township prior to
igniting said fire; and a water source or chemical fire extinguisher
capable of extinguishing said fire shall be at the site of the fire
at all times; and said fire shall be extinguished when the food for
which it was set is cooked, but in no event later than dusk on the
day it is ignited.
G. Open burning which is entirely contained in an approved and permitted
outdoor fireplace, a commercially manufactured-for-outdoor-use portable
fireplace, or barbeque grill, shall be permitted on private property
within Lower Providence Township without a specific Lower Providence
Township permit, provided that no burning shall take place closer
than 15 feet from any combustible materials; that the fire shall be
under continuous supervision of a responsible adult who shall be responsible
for its safe use until it is entirely extinguished; that a commercial
fire extinguisher and/or garden hose connected to a water supply be
available at the site for immediate utilization; that the only fuel
burned in the commercially manufactured appliances is that fuel approved
by the commercial manufacturer of said appliance, and where the manufacturer-approved
fuel to be burned in said commercially manufactured appliances is
wood; said fuel must be dry tree trimmings (excluding leaves) no greater
than two inches in diameter.
H. A recreational/ceremonial open burning fire as defined herein may
be set solely for recreational or ceremonial purposes, provided a
permit is obtained from Lower Providence Township prior to the igniting
of said fire; that the fuel for said fire is dry tree trimmings no
greater than three inches in diameter, unless otherwise specifically
provided in the permit issued by Lower Providence Township; that fire
extinguishers and/or a hose connected to a water supply shall be at
the site of the fire at all times; and the fire shall be extinguished
at dusk on the same day it is ignited unless the permit issued by
Lower Providence Township specifically provides otherwise.
I. A bonfire as defined herein may be set solely for recreational purposes,
provided a permit is obtained from Lower Providence Township prior
to the igniting of said fire; and approval is given by the Lower Providence
Township Fire Marshal prior to said burning.
Regulations for the permitted open burning outlined in §
83-21 above:
A. Any open burning permitted under §
83-21 above shall comply with all requirements of the permit/permission granted by DEP and/or Lower Providence Township.
B. Any open burning permitted by Lower Providence Township shall at
no time be closer than 50 feet from any building, structure, combustible
materials (other than those to be burned), or public street or right-of-way.
(1) Exception. As otherwise outlined in §
83-21G.
C. The Lower Providence Board of Supervisors shall by resolution, modified
from time to time, determine and set the fee to be charged for any
review and/or permit required under this article.
D. Regardless of the issuance of any permit pursuant to this article
and the payment of any fees therefor, any Lower Providence Township
Manager or agent thereof may suspend the open burning and order extinguished
any open burning at any time said official determines, in his or her
sole discretion and opinion that:
(1) Smoke, embers and/or ash emanating from said burning has caused is
likely to cause damage to property or vegetation of adjacent property.
(2) Smoke, embers and/or ash are, or may become, offensive, objectionable,
or deleterious to human or animal health and/or a public nuisance.
(3) Dry or drought conditions require a ban on all open burning.
E. All open burning must be supervised and attended by one or more adults
responsible for the safe operation of the fire and/or its extinguishment.
F. All fuel used in any open burning permitted hereunder, including but not limited to the agricultural burning permitted by §
83-21E shall be limited to fuel originating on the same property permitted for the open burning, unless specifically provided otherwise in the permit issued by Lower Providence Township.
G. All open burning permitted hereunder shall be extinguished no later
than dusk on the day it is ignited unless the permit issued by Lower
Providence Township specifically allows otherwise.
The responsibility of owners and operators:
A. Whenever the Township Manager, or his designated agent(s) finds that
open burning is occurring within Lower Providence Township, the Township
Manager or agent(s), may order the owner or operator to take corrective
action in a manner satisfactory to the Township Manager, or agent(s),
or may order the owner or operator to allow access to the land by
the Township Manager, or agent(s), or a third party to take corrective
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, Lower Providence Township may collect the amount in the same manner as civil penalties are assessed and collected following the process for assessment and collection of a civil penalty contained in §
83-26 of this article.
Any person who violates any provision of this article or any
order of the Lower Providence Township issued pursuant to this article
commits a summary offense and shall, upon conviction, be sentenced
to pay a fine of not less than $100 nor more than $2,500 for each
separate offense and, in default of the payment of such fine, may
be sentenced to imprisonment for 90 days for each separate offense.
Employees of Lower Providence Township authorized to conduct inspections
or investigations are hereby declared to be law enforcement officers
authorized to issue or file citations for summary violations under
this article, and the Lower Providence Township Solicitor is hereby
authorized to prosecute these offenses. For purposes of this section,
a summary offense may be prosecuted before any district justice having
jurisdiction in Lower Providence Township. There is no accelerated
rehabilitative disposition authorized for a summary offense.
It shall be unlawful to fail to comply with or to cause or assist
in the violation of any of the provisions of this article or to fail
to comply with any order or other requirement of Lower Providence
Township; 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 Lower Providence Township
or its personnel in their performance of any duty hereunder, including
denying the Township Manager or his agent access to the source, entity
or facility; or to violate the provisions of 18 Pa.C.S.A. § 4903
(relating to false swearing) or 18 Pa.C.S.A. 4904 (relating to unworn
falsification to authorities) in regard to information required to
be submitted under this article. The owner or operator of an open
burning source shall not allow pollution of the air, water, or other
natural resources of the Lower Providence Township to result from
the source.
A violation of this article or of any order issued by the Lower Providence Township Manager or his agent under this article shall constitute a public nuisance. Lower Providence Township shall have the authority to order any person causing a public nuisance to abate the public nuisance. In addition, when abating a public nuisance, Lower Providence Township may recover the expenses of abatement following the process for assessment and collection of a civil penalty contained in §
83-26. Whenever the nuisance is maintained or continued contrary to this article or any order issued pursuant to this article, the nuisance may be abatable in the manner provided by this article. Any person who causes the public nuisance shall be liable for the cost of abatement.
In the event that any section, sentence, clause, phrase or word
of this article shall be declared illegal, invalid or unconstitutional
by any court of competent jurisdiction, such declaration shall not
prevent, preclude or otherwise foreclose enforcement of any of the
remaining portions of this article.
This article shall become effective five days from date of enactment.