[HISTORY: Adopted by the Board of Supervisors of the Township
of Conewago 3-21-2011 by Ord. No. 2011-C.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 52.
Junkyards and junk dealers — See Ch. 88.
Solid waste — See Ch. 125.
[1]
Editor's Note: This ordinance also repealed former Ch. 42,
Air Pollution, adopted 9-13-1978 as Ch. II, Part 1, of the 1978 Code,
as amended.
This chapter shall be known and may be cited as the "Conewago
Township Open Burning Ordinance of 2011."
The Board of Supervisors of the Township of Conewago, under
and by virtue of and pursuant to the authority granted by the Commonwealth
of Pennsylvania pursuant to the Air Pollution Control Act, 35 P.S.
§ 4001 et seq., has hereby enacted and ordained this chapter.
Whereas the Board of Supervisors of Conewago Township has determined
that air pollution from open burning may be detrimental to the health,
comfort, living conditions, welfare, and safety of the citizens of
Conewago Township, it is hereby declared the policy of Conewago Township
to safeguard the citizens of Conewago Township from such air pollution.
The following words, terms and phrases, when used in this chapter,
unless the context clearly indicates otherwise, shall have the following
meanings ascribed to them:
A geographic area of this commonwealth as delineated in Attachment
A.[1]
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.
Board of Supervisors of the Township of Conewago.
An outdoor fire utilized for ceremonial or recreational purposes.
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.
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 wastes and dirt-laden roots.
The process by which organic solid waste is biologically
decomposed under controlled anaerobic or aerobic conditions to yield
a humus-like product.
Solid waste resulting from the construction or demolition
of buildings and other structures, including but not limited to wood,
plaster, metals, asphaltic substances, bricks, block and unsegregated
concrete.
A tract of land cultivated for the purpose of agricultural
production or devoted to the raising and breeding of domestic animals
and having a minimum lot size of 10 acres.
The Fire Officer from the Fire Department of local jurisdiction,
police officers or any other person so appointed and designated by
the Board of Supervisors of the Township of Conewago.
Any device specifically designed for the destruction by burning
of refuse, sewage sludge or any other combustible material.
Leaves, garden residue, shrubbery, tree trimmings and similar
materials, but not including grass clippings.
The Township of Conewago.
Garbage, refuse, industrial lunchroom or office waste and
other materials, including solid, semisolid, liquid or contained gaseous
material resulting from operation of residential, municipal, commercial
or institutional establishments and from community activities.
Material derived or formed from inanimate objects, other
than vegetable, such as tin cans, glass crockery, metals, plastic
and similar materials.
The customary and generally accepted activities, practices
and procedures that farms adopt, use or engage in year after year
in the production and preparation for market of poultry, livestock
and their products and in the production, harvesting and preparation
for market of agricultural, agronomic, horticultural, silvicultural
and aquicultural crops and commodities, if the operations are conducted
in compliance with applicable laws and if the use or disposal of these
materials will not pollute the air, water or other natural resources
of the commonwealth. The term includes the storage and utilization
of agricultural and food process wastes for animal feed and the agricultural
utilization of septic tank cleanings and sewage sludges which are
generated off site. The term also includes the management, collection,
storage, transportation, use or disposal of manure, other agricultural
waste and food processing waste on land where the materials will improve
the condition of the soil, the growth of crops or in the restoration
of the land for the same purposes.
The burning of any materials wherein products of combustion
are emitted directly into the ambient air without passing through
a stack or chimney from an enclosed chamber. For the purposes of this
chapter, a chamber shall be regarded as enclosed when, during the
time combustion occurs, only apertures, ducts, stacks, flues or chimneys
necessary to provide combustion air and permit the escape of exhaust
gas are open.
Material derived from living organisms such as wood, paper
and yard waste.
Any individual, public or private corporation for profit
or not for profit, association, partnership, firm, trust, estate,
department, board, bureau or agency of the commonwealth or the federal
government, political subdivision, municipality, district, authority,
or any other legal entity whatsoever which is recognized by law as
the subject of rights and duties.
Any outdoor fire utilized to cook food for human consumption.
Any material that is required to be recycled in Conewago
Township under Pennsylvania Act 101,[2] including scrap lumber (nontreated/painted), yard waste
and leaves.
Waste, including but not limited to municipal, residual,
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials as defined in 25 Pa. Code § 271.1.
A.
It shall be unlawful for any person to open burn any material, including
the following, at any time in any zone within the municipality: household
trash, books, magazines, newspapers, cardboard and/or any items that
are required to be recycled in Conewago Township under Pennsylvania
Act 101,[1] including leaf waste, leaves and scrap lumber, or any
vegetation, plywood, drywall, plastic products, insulation materials,
upholstered furniture, solid waste and/or construction waste as defined
by the Pennsylvania Solid Waste Management Act[2] and 25 Pa. Code § 271.1, garbage, dead animals,
human and animal excrement, human and animal hair, rubber products,
including tires, hydrocarbon products or flammable liquids, asphalt
or tar shingles or roofing materials, bedding, foam rubber, nylon,
rayon, cotton, wool, polyester or other synthetic material, insulation
from copper or other wiring, except where the fire or burning operations
result from:
(1)
An open burning set to prevent or abate a fire hazard when approved
by the Department of Environmental Protection's Regional Office and
set by or under the supervision of a public officer. A permit is required
as a prerequisite to any burning under this subsection.
(2)
A fire set for the purpose of instructing personnel in firefighting.
A permit issued by the Fire Official is required as a prerequisite
to any burning under this subsection.
(3)
A fire set for the prevention and control of disease or pests. A
permit issued by the Fire Official is required as a prerequisite to
any burning under this subsection.
(4)
A fire set for the purpose of burning, clearing and grubbing waste.
If within an air basin, an air curtain destructor must be used and
must be approved by the Department of Environmental Protection's
Regional Office.
(5)
A fire set in conjunction with the production of agricultural commodities
in their unmanufactured state on the premises of the farm operation.
A permit issued by the Fire Official is required as a prerequisite
to any burning under this subsection.
(6)
A contained fire set solely for cooking food or recreational purposes.
B.
Open burning as permitted by § 42-5B hereof shall be subject to the following regulations:
(1)
Any such open burning is located at least 50 feet or more from any
building, structure or combustible materials and shall not occur within
the right-of-way of any street, avenue, road or other public or private
way and shall not create a fire hazard. Fires in approved containers
shall be permitted, provided that such fires are not less than 20
feet from any structure.
(2)
All fires in open burning must be guarded or attended to by one or
more responsible adult persons, being individuals 18 or over, at all
times until such fire and open burning has been extinguished.
(3)
The burning of leaf waste is not permitted except for normal farming
practices as defined by the Department of Environmental Protection.
(4)
Nonorganic recyclable material or leaf waste, as defined in § 42-4, or any other combustibles which may create large amounts of smoke may not be openly burned.
(5)
Any such open burning shall be permitted between the hours of 8:00
a.m. and 4:00 p.m. No burning or smoldering shall occur outside the
above time period.
C.
Suspension of open burning. Any Fire Official may suspend the above
regulations at any time and from time to time when it is determined
by any of them that, in their opinion, any of the following conditions
exist:
(1)
Smoke, embers and/or ash emissions cause damage to property or vegetation
of adjacent properties.
(2)
Smoke, embers and/or ash emissions are, or may be, offensive, objectionable
or deleterious to human or animal health.
(3)
Dry conditions or drought warrant a ban on all open burning, as established
by Adams County.
Outdoor fireplaces and outdoor cooking grills shall be permitted
upon private property within all zones of the Township solely for
the purpose of cooking foods. The following regulations shall apply:
Outdoor patio stoves, chimineas, or factory-built novelty stoves
shall be permitted outside residential private property within all
zones of Conewago Township, provided that the following regulations
apply:
Fireplaces or wood-burning or coal stoves shall be permitted
inside residential private property within all zones of Conewago Township
solely for the purpose of heating the dwelling unit. The following
regulations shall apply:
A.
Only seasoned firewood, coal or solid fuels recommended by the manufacturer
may be burned in such fireplaces, wood-burning or coal stoves or solid-fuel
heaters.
C.
Such fireplaces, wood-burning or coal stoves or solid-fuel heaters
shall not be used for such purpose when, in the judgment of the Fire
Official, a fire hazard is created by such use, and operation and/or
any danger is posed to the occupants therein or the neighboring buildings
and/or occupants.
D.
If the smoke, ashes and/or smell emitting to the outside atmosphere
from the chimney, stove pipe or flue are objectionable or offensive
to the general public, the operation of such fireplace, wood-burning
or coal stove or solid-fuel heater shall be suspended by the Fire
Official.
It shall be lawful to burn combustible rubbish and materials
within Conewago Township by means of an enclosed outdoor or indoor
incinerator operated by chemical or thermal means, provided the incinerator
is attached to a proper stack or chimney and complies with the current
Conewago Township ICC Codes, and provided the following regulations
are adhered to:
A.
The incinerator shall be the type approved by an authorized representative
of the Pennsylvania Department of Health and the Pennsylvania Department
of Environmental Protection. Both of the above Departments shall give
evidence of approval in written certification of inspection and approval.
B.
All owners of property within Conewago Township on or in which there
exists an incinerator shall advise the Township office of such incinerator
and the location of same.
Ashes, smoldering coals, wood and embers or other material liable
to spontaneously ignite shall not be deposited or allowed to remain
within 10 feet of any combustible materials but shall be deposited
in noncombustible containers. Rubbish of any kind shall not be allowed
to accumulate.
The Township of Conewago, through its authorized agents, shall
have the power and duty to enforce the provisions of this chapter.
A.
The Township of Conewago may issue such orders as are necessary to
aid in the enforcement of the provisions of this chapter. These orders
shall include, but shall not be limited to, orders requiring persons
to cease unlawful open burning which, in the course of its occurrence,
is in violation of any provision of this chapter; orders to take corrective
action or to abate a public nuisance; orders requiring the testing,
sampling, or monitoring of any open burning; or orders requiring production
of information. Such an order may be issued if the Township of Conewago
finds that any condition existing in or on the facility or source
involved is causing or contributing to open burning or if the Township
of Conewago finds that any person is in violation of any provision
of this chapter.
B.
The Township of Conewago may, in its order, require compliance with
such conditions as are necessary to prevent or abate open burning
or effect the purposes of this chapter.
C.
An order issued under this section shall take effect upon notice,
unless the order specifies otherwise.
D.
The authority of the Township of Conewago to issue an order under
this section is in addition to any remedy or penalty which may be
imposed pursuant to this chapter. The failure to comply with any such
order is hereby declared to be a public nuisance.
A.
Whenever the Fire Official finds that open burning is occurring in the Township of Conewago, other than those exceptions noticed in § 42-5 above, the Fire Official may order the owner or operator to take corrective action in a manner satisfactory to the Township of Conewago, or the Fire Official may order the owner or operator to allow access to the land by the Fire Official or a third party to take such 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, the Township of Conewago may collect the amount in the same manner as civil penalties are assessed and collected following the process for assessment and collection of penalties contained in § 42-13 of this chapter.
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Township in the enforcement
of this chapter. Each day a violation exists shall constitute a separate
offense. Further, the appropriate officers or agents of the Township
are hereby authorized to enforce compliance by filing an action in
equity in lieu of a civil action filed before a Magisterial District
Judge.
It shall be unlawful to fail to comply with or to cause or assist
in the violation of any of the provisions of this chapter or to fail
to comply with any order or other requirement of the Township of Conewago
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 Township of Conewago or its personnel in their
performance of any duty hereunder, including denying the Fire Official
access to the source or facility, or to violate the provisions of
18 Pa.C.S.A. § 4903 (relating to false swearing) or § 4904
(relating to unsworn falsification to authorities) in regard to papers
required to be submitted under this chapter. The owner or operator
of an open burning source shall not allow pollution of the air, water,
or other natural resources of the Township of Conewago to result from
the source.
A violation of this chapter or of any order issued by the Township of Conewago under this chapter shall constitute a public nuisance. The Township of Conewago shall have the authority to order any person causing a public nuisance to abate the public nuisance. In addition, when abating a public nuisance, the Township of Conewago may recover the expenses of abatement following the process for assessment and collection of a civil penalty contained in § 42-13 of this chapter. Whenever the nuisance is maintained or continued contrary to this chapter or any order issued pursuant to this chapter, the nuisance may be abatable in the manner provided by this chapter. Any person who causes the public nuisance shall be liable for the cost of abatement.
