This chapter shall be known as the "Cecil Township Burning Ordinance"
and is intended to regulate or prohibit burning.
As used in this chapter, the following terms shall have the
meanings indicated:
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. The type of parameters of this device to be
utilized in Cecil Township shall be at the sole discretion of the
Township officials.
BURNING PERMIT
A permit to kindle or maintain such open fires or other nonexempt fires that are otherwise prohibited by this chapter. The Township Manager, upon application thereof made to the Manager or a designated person, shall issue the permit for the Board of Supervisors. A burning permit is valid for one calendar day only. A fee for each burning permit, as established by the Board of Supervisors and contained within this chapter, shall be charged. This fee may be adjusted from time to time by resolution of the Board of Supervisors. A burning permit shall be required for all fires not listed as exempt under §
82-5.
COMMERCIAL WASTE
Any waste generated by normal commercial business activities
normally associated with waste removal services including, but not
limited to, garbage, empty cans and buckets, plastic wraps and bags,
paper products, pallets, empty boxes, excelsior, etc.
CONTAINED FIRE
Any fire contained in an incinerator, fireplace or other
outdoor enclosure designed for outdoor cooking or recreation or any
fireproof container used for disposal of paper products. Every contained
fire shall be built in and confined to a noncombustible container
covered with a screen of 1/2 inch or smaller mesh, or with other suitable
noncombustible cover.
CONTROLLED FIRE
Any fire not included in the definition of "contained fire"
and under reasonable control of a competent adult.
EXEMPT FIRE
Any fire which is exempt from the burning regulations and
which may be kindled on any day at any time.
FURNACE
Any enclosed device specifically designed for burning any
material for the production of heat.
GARBAGE
Any putrescible animal or vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
HOUSEHOLD WASTE
Any waste generated by normal household activities normally
associated with waste removal services including, but not limited
to, garbage, empty cans, plastic wraps and bags, paper products, glass
jars, etc.
LEAVES
Leaves normally gathered by raking, vacuuming, blowing or
other methods that have fallen from trees due to seasonal change or
death of a tree.
LEGAL HOLIDAY
Days which Cecil Township has designated as legal holidays:
New Year's Day, Martin Luther King, Jr. Day, Presidents' Day, Memorial
Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving
Day, Christmas Day, Easter.
OPEN FIRE
A fire in which any material is burned in the open or in
a receptacle other than a furnace, incinerator or noncombustible container
as described under the "contained fire" definition.
PERSON
Any individual, partnership, association, corporation, department,
bureau, agency or legal entity.
PUTRESCIBLE
Any organic material which is subject to rotting decay.
RECREATIONAL FIRE
Any fire used in connection with camping, cooking, picnicking,
or other commonly accepted recreational activity and shall not include
the mere burning of logs, trees, lumber or other such materials. Recreational
fires must be clearly used for said purpose at the time of observation
and may only be kindled with seasoned wood, charcoal or other man-made
material expressly for use in recreational fires.
REFUSE
Garbage, rubbish and trade waste.
RESIDENTIAL BURNING
Fires kindled by the owner/occupant of a residential property
not incidental to land development.
RESPONSIBLE ADULT
An individual 18 years or older who is not under the influence
of drugs or alcohol or suffering from any other disability which would
impair his or her ability to properly supervise a fire.
RUBBISH
Solids not considered to be highly flammable or explosive,
including but not limited to rags, old clothes, leather, rubber, carpets,
excelsior, ashes, furniture, tin cans, glass, crockery, masonry, plastics,
recyclable items and other similar items.
SALVAGE OPERATIONS
Any business, trade or industry engaged in whole or in part
in salvaging or reclaiming any product or material, including but
not limited to metals, chemicals, shipping containers or drums.
TRADE WASTE
All solid or liquid material or rubbish resulting from construction,
building operations, or the prosecution of any business, trade or
industry, including but not limited to plastic products, cartons,
paint, grease, oil or other petroleum products, chemicals, cinders
and other forms of solid or liquid waste materials. "Trade waste"
shall not include any coal refuse associated with mining or preparation
of coal.
YARD AND GARDEN TRIMMINGS
Leaves (still on the branch), garden residue, tree and shrubbery
trimmings and similar materials, including grass clippings.
The following are unlawful or restricted:
A. The burning of leaves, grass clippings, garbage/refuse, household
waste, commercial waste, trade waste.
B. The burning of construction debris, aerosol cans, by-products of
manufacturing and processing operations and waste from commercial
operations.
C. No materials of any nature, even if otherwise allowed to be burned
by the provisions of this chapter, shall be transported from any other
properties to the burn-site property for burning. Precut cordwood,
purchased or obtained pursuant to the normal and customary fashion
for obtaining such wood, may be utilized for recreational fires notwithstanding
this provision.
D. Nothing herein shall be construed to permit or encourage the burning
of any substance determined by the Commonwealth of Pennsylvania's
Department of Environmental Protection (DEP) or the United States
Environmental Protection Agency (EPA) to be a "hazardous substance";
nor shall any fire be permitted to burn by any persons if such burning
is in violation of the Clean Air Act or other legislation of the Commonwealth
of Pennsylvania or the United States of America or any of their legislative
agencies.
The duty and administration of this chapter is hereby conferred
upon legally authorized Township personnel to include the Building
Code Official or his assignees and the Police Department and officers.
The Board of Supervisors and its agents, officials and representatives
shall not under any circumstances be liable or responsible for damages
caused to any person or property by reason of the issuance of any
permit under the provisions of this chapter or by reason of the conduct
of any burning activity in compliance or noncompliance with the terms
and provisions hereof. The person, persons, company or companies responsible
for any such fire and the permit holder shall bear sole liability
for any damages caused as a result thereof.