[Ord. 2013-6, 9/11/2013, § I]
This Part shall be known and may be cited as the "Williams Township
Air Pollution Control Ordinance of 2013."
[Ord. 2013-6, 9/11/2013, § II]
The Board of Supervisors of the Township, under, and by virtue
of and pursuant to the authority granted by the Second Class Township
Code the Air Pollution Control Act and the Municipal Waste Planning,
Recycling and Waste Reduction Act of 1988 does hereby enact and ordain
this Part.
[Ord. 2013-6, 9/11/2013, § III]
Whereas the Board of Supervisors of the 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
the Township, it is hereby declared to be the policy of the Township
to safeguard the citizens of the Township from such air pollution.
[Ord. 2013-6, 9/11/2013, § IV]
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:
A geographic area of this commonwealth as delimited in Attachment
20-2-A.
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.
Township Board of Supervisors.
The act of consuming by fire; to flame, char, scorch, or
blaze. As used in this Part, 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.
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, treated wood, yard waste and bottles, cans, plastics, cardboard, paper and other materials subject to the Township Mandatory Recycling Ordinance [Chapter 20].
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.
Williams Township, a Second Class Township created under
state law having jurisdiction over the disposal of sewage, industrial
wastes, or other wastes.
Leaves, grass clippings, garden residue, tree trimmings,
chipped shrubbery, and other vegetative material.
[Ord. 2013-6, 9/11/2013, § V]
1.
After the effective date 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 open burning that amount of domestic
refuse generated from one dwelling, when the fife 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 solely for cooking food.
H.
A fire set solely for recreational or ceremonial purposes.
[Ord. 2013-6, 9/11/2013, § VI]
1.
The Township Zoning Officer/Building Code Administrator shall have
the power and duty to enforce the provisions of this Part.
2.
The Township Zoning Officer/Building Code Administrator may issue
such orders as are necessary to aid in the enforcement of the provisions
of this Part. 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 Part; 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 Zoning Officer/Building Code
Administrator finds that any condition existing in or on the facility
or source involved is causing or contributing to open burning or if
the Township Zoning Officer/Building Code Administrator finds that
any person is in violation of any provision of this Part.
3.
The Township Zoning Officer/Building Code Administrator may, in its
order, require compliance with such conditions as are necessary to
prevent or abate open burning or effect the purposes of this Part.
4.
An order issued under this section shall take effect upon notice,
unless the order specifies otherwise. An appeal to the Board of the
Township Zoning Officer/Building Code Administrator's order shall
not act as a supersedeas, provided, however, that, upon application
and for cause shown, the Board may issue such a supersedeas.
5.
The authority of the Township Zoning Officer/Building Code Administrator
to issue an order under this section is in addition to any remedy
or penalty which may be imposed pursuant to this Part. The failure
to comply with any such order is hereby declared to be a public nuisance.
[Ord. 2013-6, 9/11/2013, § VII]
1.
Whenever the Township Zoning Officer/Building Code Administrator finds that open burning is occurring in the Township, other than those exceptions noted in § 20-205 above, the Township Zoning Officer/Building Code Administrator may order the owner or operator to take corrective action in a manner satisfactory to the Township Zoning Officer/Building Code Administrator, or the Township Zoning Officer/Building Code Administrator may order the owner or operator to allow access to the land by the Township Zoning Officer/Building Code Administrator or a third party to take such action.
2.
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 § 20-209 of this Part.
[Ord. 2013-6, 9/11/2013, § VIII; as amended by
A.O.]
Any person who violates any provision of this Part or any order
of the Township Zoning Officer/Building Code Administrator issued
pursuant to this Part 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 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 Part, and the
Township Solicitor is hereby authorized to prosecute these offenses.
For purposes of this section, a summary offense may be prosecuted
before any magisterial district judge in this Township. There is no
accelerated rehabilitative disposition authorized for a summary offense.
[Ord. 2013-6, 9/11/2013, § IX]
1.
In addition to proceeding under any other remedy available at law
or in equity for a violation of a provision of this Part or any order
issued pursuant to this Part, the Township Zoning Officer/Building
Code Administrator 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 $25,000 per day for
each violation, In determining the amount of the penalty, the Township
Zoning Officer/Building Code Administrator 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.
2.
When the Township Zoning Officer/Building Code Administrator 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; or if the person
wishes to contest the amount of the penalty or the fact of the violation
to the extent not already established, the person shall forward the
proposed amount of the penalty to the Board within the thirty-day
period for placement in an escrow account with the State Treasurer
or any commonwealth bank or post an appeal bond to the Board within
30 days in the amount of the proposed penalty, provided that such
bond is executed by a surety licensed to do business in the commonwealth
and is satisfactory to the Board. If, through administrative or final
judicial review of the proposed penalty, it is determined that no
violation occurred or that the amount of the penalty shall be reduced,
the Board shall, within 30 days, remit the appropriate amount to the
person with any interest accumulated by the escrow deposit. Failure
to forward the money or the appeal bond at the time of the appeal
shall result in a waiver of all legal rights to contest the violation
or the amount of the civil penalty unless the appellant alleges financial
inability to prepay the penalty or to post the appeal bond. The Board
shall conduct a hearing to consider the appellant's alleged inability
to pay within 30 days of the date of the appeal. The Board may waive
the requirement to prepay the civil penalty or to post an appeal bond
if the appellant demonstrates and the Board finds that the appellant
is financially unable to pay. The Board shall issue an order within
30 days of the date of the hearing to consider the appellant's alleged
inability to pay. The amount assessed after administrative hearing
or after waiver of administrative hearing shall be payable to the
Township and shall be collectible in any manner provided by law for
the collection of debts, including the collection of interest on the
penalty amount computed in accordance with § 6621(a)(2)
of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C.
§ 1 et seq.) from the date of assessment of the penalty.
If any person liable to pay any such penalty neglects or refuses to
pay the same after demand, the amount, together with interest and
any costs that may accrue, shall constitute a debt of such person,
as may be appropriate, to the Township. The debt shall constitute
a lien on all property owned by said person when a notice of lien
incorporating a description of the property of the person subject
to the action is duly filed with the prothonotary of the court of
common pleas where the property is located. The prothonotary shall
promptly enter upon the civil judgment or order docket, at no cost
to the Township, the name and address of the person, as may be appropriate,
and the amount of the lien as set forth in the notice of lien. Upon
entry by the prothonotary, the lien shall attach to the revenues and
all real and personal property of the person, whether or not the person
is solvent. The notice of lien, filed pursuant to this section, which
affects the property of the person shall create a lien with priority
over all subsequent claims or liens which are filed against the person,
but it shall not affect any valid lien, right, or interest in the
property filed in accordance with established procedure prior to the
filing of a notice of lien under this section.
[Ord. 2013-6, 9/11/2013, § X]
It shall be unlawful to fail to comply with or to cause or assist
in the violation of any of the provisions of this Part or to fail
to comply with any order or other requirement of the Township Zoning
Officer/Building Code Administrator; 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 Township Zoning Officer/Building Code Administrator access
to the source or facility; or to violate the provisions of 18 Pa.C.S.
§§ 4903 (relating to false sweating) or 4904 (relating
to unsworn falsification to authorities) in regard to papers required
to be submitted under this Part. 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.
[Ord. 2013-6, 9/11/2013, § XI]
A violation of this Part or of any order issued by the Township Zoning Officer/Building Code Administrator under this Part shall constitute a public nuisance. The Township Zoning Officer/Building Code Administrator 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 § 20-209. Whenever the nuisance is maintained or continued contrary to this Part or any order issued pursuant to this Part, the nuisance may be abatable in the manner provided by this Part. Any person who causes the public nuisance shall be liable for the cost of abatement.
[Ord. 2013-6, 9/11/2013, § XIII]
The provisions of this Part 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 Part. It
is hereby declared to be the intent of the Board that this Part would
have been adopted if such illegal, invalid, or unconstitutional section,
clause, sentence, part, or provision had not been included herein.
