It shall be unlawful for a person, firm, or corporation to conduct,
or allow to be conducted, the open burning of any material, except
where the Allegheny County Health Department has issued an open burning
permit to such person in accordance with this chapter or where the
open burning is conducted solely for the purpose of preparation of
food for human consumption, recreation, light, or ornament, and in
a manner which contributes a negligible amount of air contaminants.
A. "Open burning" means any fire or combustion from which air contaminants
pass directly into the open air without passing through a flue. The
term includes any fire or combustion which occurs in a chiminea, fire
pit, outdoor fireplace or grill.
B. No material other than clean wood, propane, or natural gas may be
burned except as provided for in this section:
(1) Charcoal may be used in an outdoor fireplace or grill for the purpose
of cooking.
(2) Commercially available fire logs, paraffin logs, or wood pellets
may be used in outdoor fireplaces.
(3) Paper or commercial smokeless fire starters may be used with clean
wood to start an allowed fire.
C. Any volume of clean wood being burned shall be no larger than three
feet wide by three feet long by two feet high and shall be at least
15 feet from the nearest neighbor's dwelling or inhabited area,
any property line, roadway, sidewalk, or public accessway.
D. Open burning using chimineas, fire pits, or outdoor fireplaces may only be conducted using materials listed in Subsection
B above.
E. Any open burning shall be tended by a responsible person at all times,
the fire shall be completely extinguished when not attended.
F. There must be an adequate source of extinguishment for immediate
use.
G. Wood-burning activities shall not be conducted on air quality action
days, with the exception of conducting such burning for the commercial
preparation of food.
H. The Borough of Millvale, in cooperation with Allegheny County, may
prohibit, or reduce, any open burning activity which it determines
to be a nuisance. This determination will be based on, but not limited
to, the following criteria:
(1) The severity of the amount of air pollutants, or malodorous material;
(2) The duration or frequency of open burning;
(3) The topography of the surroundings; and/or
(4) The meteorological conditions.
I. This section shall not allow or permit any open burning which would
not otherwise be allowed or permitted under any applicable Borough
and/or county ordinance or fire code.
Immediately upon the discovery of any open burning that is not
being conducted in accordance with this chapter, the person responsible
for the property on which such burning occurs shall immediately extinguish,
or cause the extinguishment of, such burning.
Proof that the defendant in any enforcement action owns or controls
the property on which open burning occurs shall be prima facie evidence
that such defendant has conducted, or allowed to be conducted, such
open burning.
Notwithstanding any other provision of this chapter, the prohibitions
of this chapter may be enforced by the Borough of Millvale, Allegheny
County and Commonwealth of Pennsylvania. Such enforcement shall be
in accordance with this chapter and the Pa. Air Pollution Control
Act. In addition, the Borough may pursue the remedies provided by §
109-6 of this chapter for any violation.
Any persons, firm, corporation or group of individuals found
in violation of this chapter shall, upon conviction thereof before
any issuing authority, be subject to a fine, not less than $100 nor
more than $1,000, plus the costs of prosecution, and may be sentenced
to a period of incarceration not exceeding 30 days in the Allegheny
County Jail. Each incident in violation of this chapter shall be considered
a separate offense and may be punishable as such.