[HISTORY: Adopted by the Board of Supervisors of the Township
of Hellam 5-16-2013 by Ord. No. 2013-02.[1] Amendments noted where applicable.]
GENERAL INFORMATION
Grass and weeds — See Ch. 245.
Parks and recreation areas — See Ch. 335.
Solid waste— See Ch. 389.
[1]
Editor's Note: This ordinance superseded former Ch. 159,
Burning, Open, adopted 2-7-2002 by Ord. No. 2002-1, as amended.
This chapter shall be known and may be cited as the "Hellam
Township Air Pollution Control and Regulation of Open Burning Ordinance."
The Board of Supervisors of the Township of Hellam, under and
by virtue of and pursuant to the authority granted by Sections 1527
and 1529 of the Second Class Township Code,[1] does hereby enact and ordain this chapter.
[1]
Editor's Note: See 53 P.S. § 66527 and 53 P.S. § 66529.
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:
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.
A fire set at a place of business for any purpose which does
not include the burning of aerosol cans, plastics, electronic devices,
appliances, carpets, demolition waste (insulation, shingles, siding,
etc.), furniture, mattresses or box springs, paint, putrescible waste,
solvents, tires or treated wood. Commercial burning is subject to
any applicable state and federal regulations.
[Added 3-16-2017 by Ord.
No. 2017-03]
The process by which organic solid waste is biologically
decomposed under controlled anaerobic or aerobic conditions to yield
a humus-like product.
Waste which is generated from the normal occupancy of a structure
occupied solely as a dwelling by two families or fewer. The term does
not include aerosol cans, plastics, electronic devices, appliances,
carpets, demolition waste (insulation, shingles, siding, etc.), furniture,
mattresses or box springs, paint, putrescible waste, solvents, tires,
or treated wood.
A fire, the air contaminants from which are emitted directly
into the outdoor atmosphere and not directed thereto through a flue.
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.
The Township of Hellam, York County, Pennsylvania.
Leaves, grass clippings, garden residue, tree trimmings,
chipped shrubbery, and other vegetative material.
A.
After the effective date of this chapter, no person may permit the
open burning of material, with the exception of the following:
(1)
A fire set to prevent or abate a fire hazard, when approved by the
Department of Environmental Protection's Regional Air Quality
Program office and set by or under the supervision of a public officer.
(2)
Any fire set for the purpose of instructing personnel in firefighting,
when approved by the Department of Environmental Protection's
Regional Air Quality Program office.
(3)
A fire set for the prevention and control of disease or pests, when
approved by the Department of Environmental Protection's Regional
Air Quality Program office.
(4)
A fire set in conjunction with the production of agricultural commodities
in their unmanufactured state on the premises of the farm operation.
(5)
A fire set for the purpose of burning that amount of domestic refuse
generated from one dwelling, when the fire is on the premises of a
structure occupied solely as a dwelling by two families or fewer,
and when the refuse results from the normal occupancy of said structure.
Such fires shall only occur from dawn to dusk.
[Amended 3-16-2017 by Ord. No. 2017-03]
(6)
A fire set for the purpose of burning that amount of yard waste generated
from the premises of a structure occupied solely as a dwelling by
two families or fewer (except where composting is mandatory), when
the fire is on the premises of said structure. Such fires shall only
occur from dawn to dusk.
[Amended 3-16-2017 by Ord. No. 2017-03]
(7)
A fire set for agricultural purposes. "Agricultural fires" are defined
as burning in the open of vegetative materials from the production
and harvesting of crops for the purpose of marketing for profit, or
providing a livelihood. This practice is generally used to reduce
crop residue, stimulate yield, control diseases, reduce unwanted plant
species, or otherwise maintain the productivity of agricultural lands.
[Amended 3-16-2017 by Ord. No. 2017-03]
(8)
A fire set for recreational purposes. "Recreational fires" shall
be defined as an outdoor fire burning only dry, seasoned firewood,
"Duraflame®/Pres-to-Logs®" or charcoal briquettes, where the
fuel being burned is not contained in an incinerator, outdoor fireplace,
barbeque grill or barbeque pit and has a total fuel area of three
feet (914 mm) or less in diameter and two feet (610 mm) or less in
height, for pleasure, cooking, warmth or similar purposes.
[Amended 3-16-2017 by Ord. No. 2017-03]
(9)
Fires set for religious and/or ceremonial purposes require prior
notification to the Township.
[Added 3-16-2017 by Ord.
No. 2017-03]
B.
It shall also be unlawful for any person to open burn during a ban
on open burning. A ban on open burning shall be determined when prevailing
conditions and the interests of public safety mandate a restriction
on open burning. The Township Manager shall have the authority to
impose a ban on open burning after consultation with the Fire Chiefs
of those fire companies providing fire protection service to the Township.
Notice of the imposition of any such ban on all open burning shall
be announced by the Township via notification to radio, television
and newspaper media and by posting on the Township's website.
Removal of the ban shall be made by the Township Manager, and notice
of the removal of the ban shall also be announced in the same manner
as the imposition of the ban, after notification to the Fire Chiefs
of those fire companies providing fire protection service to the Township.
For purposes of this section, it shall be presumed that the record
or legal owner and/or legal occupant of said land has set such fire
or has permitted it to continue to burn where permission or consent
is given or steps are not taken to extinguish the fire immediately
upon learning about the fire.
C.
In addition to the above, it shall also be unlawful to burn:
(1)
Within 50 feet of any structure.
(2)
On any public street, alley, road or other public lands.
(4)
Unless supervised by a responsible adult, being an individual 18
years of age or older not under the influence of drugs or alcohol
or suffering from any other disability which would impair the ability
to properly supervise a fire, who shall remain in proximate attendance
until such fire is completely extinguished, and who shall have a garden
hose connected to a water supply or other suitable extinguishing equipment
or materials readily available for use. This provision does not apply
to agricultural fires.
[Amended 3-16-2017 by Ord. No. 2017-03]
A.
The Hellam Township Board of Supervisors, police officers, Zoning
Officer, or any other duly authorized agent shall have the power and
duty to enforce the provisions of this chapter.
B.
The Township 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 finds
that any condition existing in or on the facility or source involved
is causing or contributing to open burning or if the Township finds
that any person is in violation of any provision of this chapter.
C.
The Township 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.
D.
An order issued under this section shall take effect upon notice,
unless the order specifies otherwise. An appeal to the Board of Supervisors
of the Township's order shall not act as a supersedeas; provided,
however, that, upon application, and for cause shown, the Board of
Supervisors may issue such a supersedeas under rules established by
the Board of Supervisors.
E.
The authority of Hellam Township 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 any enforcing officer finds that open burning is occurring in Hellam Township, other than those exceptions noted in § 159-4 above, the enforcing officer may order the owner or operator to take corrective action in a manner satisfactory to the Township, or the enforcing officer may order the owner or operator to allow access to the land by the enforcing officer 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 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 § 159-8 of this chapter.
Any person who violates any provision of this chapter or any
order of the Township issued pursuant to this chapter commits a summary
offense and shall, upon conviction, be sentenced to pay a fine of
not less than $100 nor more than $1,000 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 the 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 chapter, and the Board of Supervisors
is hereby authorized to prosecute these offenses. For purposes of
this section, a summary offense may be prosecuted before any District
Justice in this Township. There is no accelerated rehabilitative disposition
authorized for a summary offense.
A.
In addition to proceeding under any other remedy available at law
or in equity for a violation of a provision of this chapter or any
order issued pursuant to this chapter, the Township may assess a civil
penalty for the violation. The penalty may be assessed whether or
not the violation was willful. The civil penalty so assessed shall
not exceed $600 per day for each violation. In determining the amount
of the penalty, the Township shall consider the willfulness of the
violation; damage to air, soil, water, or other natural resources
of the Township or their uses; financial benefit to the person in
consequence of the violation; deterrence of future violations; cost
to the Township; the size of the source or facility; the compliance
history of the source; the severity and duration of the violation;
degree of cooperation in resolving the violation; the speed with which
compliance is ultimately achieved; whether the violation was voluntarily
reported; other factors unique to the owners or operators of the source
or facility; and other relevant factors.
B.
When the Township proposes to assess a civil penalty, it shall inform
the person of the proposed amount of the penalty. The person charged
with the penalty shall then have 30 days to pay the proposed penalty
in full; and if the civil penalty is not voluntarily paid to the Township,
the Township shall initiate a civil enforcement proceeding before
a Magisterial District Judge in accordance with and subject to the
provision of Section 1601(c.1)(1) of the Second Class Township Code.[1]
[1]
Editor's Note: See 53 P.S. § 66601(c.1)(1).
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; 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 or its personnel in their performance
of any duty hereunder, including denying the enforcing officer access
to the source 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 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 to result from the source.
A violation of this chapter or of any order issued by the Township under this chapter shall constitute a public nuisance. The 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, the Township may recover the expenses of abatement following the process for assessment and collection of a civil penalty contained in § 159-8. 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.
All other ordinances or parts thereof which are in conflict
with this chapter are hereby repealed.
The provisions of this chapter are severable; and if any section,
clause, sentence, part, or provision thereof shall be held illegal,
invalid, or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect or impair the remaining
sections, clauses, sentences, parts, or provisions of this chapter.
It is hereby declared to be the intent of the Board that this chapter
would have been adopted if such illegal, invalid, or unconstitutional
section, clause, sentence, part, or provision had not been included
herein.
