[Ord. 98-01, 2/2/1998, § 1]
This Part shall be known and may be cited as the "Spring Township
Open Burning Ordinance."
[Ord. 98-01, 2/2/1998, § 2]
This Part is enacted pursuant to § 12 of the Air Pollution
Control Act, as amended, 35 P.S. 4102(a), and § 702, clauses
XXIX (Health), XXXII (Fire Prevention), XLI (Ordinances), XLVII (Public
Safety) and LXII (General Powers) of the Second Class Township Code,
53 P.S. §§ 65729, 65732, 65742, 65747 and 65762.
[Ord. 98-01, 2/2/1998, § 3]
It is hereby declared to be the policy of Spring Township as
a matter of public health and safety to regulate the disposal of waste
by fire and the open burning in Spring Township. It is further declared
that the dangers of open fires, air pollution from fires and the management
of waste removal and disposal necessitate regulations to protect buildings,
housing, property and the welfare of the Township and the health and
well being of its citizens.
[Ord. 98-01, 2/2/1998, § 4]
The following words, terms and phrases, when used in this Part,
unless the context clearly indicates otherwise, shall have the following
meanings ascribed to them.
The characteristics of this material as defined in Act 101
and EPA guidelines:
Ignitability.
Toxicity.
Reactivity.
Toxicity.
Items specially listed by name.
Chemicals subject to clean water act.
Mixed hazardous and nonhazardous wastes.
Waste derived from certain processes.
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Methods for the said characterization of a waste, and testing
to verify the proper classification, as prescribed in EPA regulations.
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Any fire which is burned outside of an enclosed structure
or building.
Any individual, partnership, association, syndicate company,
firm, trust, corporation, department, bureau, agency or other entity
recognized by law as the subject of rights and duties.
All municipal waste which is regulated by State Act 101 and
the Centre County Solid Waste Authority including, but not limited
to, plastics, rubber, carpet, furniture, mattresses, tires and clothing,
etc.
The total width of any land reserved or dedicated for the
public use of vehicular or pedestrian traffic, including streets,
avenues, boulevards, roads, crosswalks, highways, interstates, freeways,
parkways, lanes, alleys, sidewalks, marginal access ways and other
ways used for vehicular and pedestrian traffic which are dedicated
to public use or semipublic or to the use of residents in a land development
or subdivision including, but not limited to, the area reserved for
cartways, shoulders, drainageways and easements.
Trees, leaves, grass clippings, cutting of plants and limbs
of trees up to four inches in diameter, except for wood and wood products.
Trunks of trees and limbs of trees exceeding four inches
in diameter and all products of, or made from wood including, but
not limited to, trade waste or construction waste.
[Ord. 98-01, 2/2/1998, § 5]
1.
Burning or construction debris, plastics, by-products of manufacturing
and processing operations and wastes from commercial operations is
strictly prohibited.
2.
No garbage, offal or rubbish may be burned at any time either indoors
or out of doors.
3.
Nothing herein shall be construed to permit or encourage the burning
of any substance determined by the Commonwealth of Pennsylvania of
the United States Environmental Protection Agency to be a hazardous
substance; nor shall any fire be permitted to burn by any person if
such burning is in violation of the Air Pollution Control Act or other
legislation of the Commonwealth of Pennsylvania of the Unites of America
or any competent body.
[Ord. 98-01, 2/2/1998, § 6]
It shall be unlawful for any person to ignite or feed any open fire whatsoever in Spring Township except for fires permitted subject to regulation under § 7-107 or exempted under §7- 108 of this Part.
[Ord. 98-01, 2/2/1998, § 7]
1.
Open burning to clear land for agriculture or construction of a subdivision site. Special permission must be obtained in advance from the fire chief of the local fire company and the Spring Township Board of Supervisors or their designee. In the event any fire company is required to respond to a fire which violates any provision of this part, a service fee may be levied by the responding fire company. Subject to Subsection 3 below.
2.
Open burning on lots larger than three acres for express purpose of burning brush or leaves. Subject to subsection (3) below.
3.
General Regulations.
A.
No open fire shall be permitted before the hour of 7:00 a.m. and
shall be extinguished completely by 6:00 p.m. except that time to
extinguish such fires is extended to 8:00 p.m. from March 15 to October
15.
B.
No open fire shall be permitted in a right-of-way.
C.
No open fire shall be conducted closer than 50 feet from any building.
[Ord. 98-01, 2/2/1998, § 8]
1.
The following types of fires, provided that such fires are wood and
wood products only, are exempted from the regulations set forth in
this Part.
A.
Fires solely for cooking of foods for immediate consumption.
B.
Camp fires for warmth, fellowship, food preparation or ceremonial
purposes by bona fide groups of individuals such as hunting camps
or public organizations such as the Boy Scouts or Girl Scouts.
C.
Fires set in the performance of public duty by any fireman or for
public official purposes.
[Ord. 98-01, 2/2/1998, § 9; as amended by Ord.
09-00, 10/2/2000]
1.
Sanctions. Any person, firm or corporation who shall violate any
provision of this Part, upon conviction thereof in an action brought
before a district justice in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedures,
shall be sentenced to pay a fine of not less than $50 nor more than
$1,000 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. Each day that a violation
of this Part continues or each section of this Part which shall be
found to have been violated shall constitute a separate offense.
2.
Equitable and Other Remedies. No penalty herein shall prevent the
Township from enforcing this Part by equitable, injunctive and other
remedies.
3.
Liability. The Township of Spring and its agents, officials and representatives
shall not, under any circumstances, be liable or responsible for damages
caused by any person or property by reason of the provisions of this
Part or by reason of the conduct of any burning activity in compliance
with the terms and provisions of this Part. The individual person
or party responsible for any such fire shall bear sole liability for
any damages caused as a result thereof.
