This chapter shall be known and may be cited as the "Township
of Fallowfield Air Pollution Control Ordinance of 2016."
The Board of the Township of Fallowfield, under, and by virtue
of and pursuant to the authority granted by the Second Class Township
Code do hereby enact and ordain this chapter.
Whereas the Board of Supervisors of the Township of Fallowfield
has determined that air pollution from open burning may be detrimental
to the health, comfort, living conditions, welfare, and safety of
the citizens of the Township of Fallowfield, it is hereby declared
to be the policy of the Township of Fallowfield to safeguard the citizens
of the Township of Fallowfield 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:
AIR BASIN
A geographic area of this commonwealth as delimited in Attachment
A.
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.
BOARD
Township Board of Supervisors.
BURNING
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.
CLEARING AND GRUBBING WASTES
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.
COMPOSTING
The process by which organic solid waste is biologically
decomposed under controlled anaerobic or aerobic conditions to yield
a humus-like product.
DOMESTIC REFUSE
Waste which is generated from the normal occupancy of a structure
occupied solely as a dwelling by two families or less. The term does
not include appliances, carpets, demolition waste (insulation, shingles,
siding, etc.), furniture, mattresses or box springs, paint, putrescible
waste, solvents, tires, or treated wood.
MUNICIPALITY
A city, incorporated town, Township, borough, county, municipal
authority, or other public body created under state law having jurisdiction
over the disposal of sewage, industrial wastes, or other wastes.
OPEN BURNING
A fire, the air contaminants from which are emitted directly
into the outdoor atmosphere and not directed thereto through a flue.
PERSON
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, Township of Fallowfield, district,
authority, or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties.
YARD WASTE
Leaves, grass clippings, garden residue, tree trimmings,
chipped shrubbery, and other vegetative material.
After adoption of this chapter, no person may permit the open
burning of material with the exception of the following:
A. 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.
B. 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.
C. 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.
D. 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 Air Quality Program office.
E. A fire set in conjunction with the production of agricultural commodities
in their unmanufactured state on the premises of the farm operation.
F. 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 less and
when the refuse results from the normal occupancy of said structure.
G. 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 less (except where composting is mandatory), when
the fire is on the premises of said structure.
H. A fire set solely for cooking food.
I. A fire set solely for recreational or ceremonial purposes.
Any person who violates any provision of this chapter or any
order of the Township of Fallowfield 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 $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 the Township of Fallowfield 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 Solicitor is hereby authorized to prosecute
these offenses. For purposes of this section, a summary offense may
be prosecuted before the Magisterial District Judge who is assigned
to the 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 chapter or to fail
to comply with any order or other requirement of the Township of Fallowfield;
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 Fallowfield or its personnel in
their performance of any duty hereunder, including denying the Code
Officer or other authorized agent of the Township 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 of Fallowfield to result from the
source.
A violation of this chapter or of any order issued by the Township of Fallowfield under this chapter shall constitute a public nuisance. The Township of Fallowfield 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 Fallowfield may recover the expenses of abatement following the process for assessment and collection of a civil penalty contained in §
166-9. 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.
Ordinance No. 131 previously enacted is hereby repealed. All
other ordinances or parts thereof which are in conflict with this
chapter are hereby repealed.