[Ord. 397 (99-3), 10/6/1999, § I]
This Part shall be known and may be cited as the "Glen Rock Borough Air Pollution Control Ordinance."
[Ord. 397 (99-3), 10/6/1999, § II]
The Council of the Borough of Glen Rock has determined that air pollution from open burning may be detrimental to the health, comfort, living conditions, welfare and safety of the citizen of the Borough of Glen Rock. Therefore, it is hereby declared to be the policy of the Borough of Glen Rock to safeguard its citizens from such air pollution.
[Ord. 397 (99-3), 10/6/1999, § III; as amended by Ord. 445 (2007-01), 10/17/2007]
The following words, terms and phrases, when used in this Part unless indicated otherwise, shall have the following meanings ascribed to them:
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.
Tree, shrubs and other vegetation cleared from land during or prior to the process of construction. This term does not include demolition waste and dirt-laden roots.
The Council of the Borough of Glen Rock.
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, paints, solvents, tires or treated wood, plastics, styrofoam or any wet garbage or other organic matter which smolders and emits offensive odors.
The Glen Rock Hose and Ladder Company.
The ignition and subsequent burning of any combustible material (including, but not limited to, wood, vegetation, paper, litter, or any sort of debris) out of doors in either a burn barrel (screened or unscreened), fire ring, on the ground, or in another receptacle that does not have a flue, duct, pipe, stack, chimney, or other conduit that restricts the emissions of such open burning. The use of a propane or gas stove, or charcoal briquette grill, for cooking purposes, is not considered open burning for purposes of this Part. Similarly, the recreational use of a chiminea, outdoor fireplace, fire bowl or similar apparatus (which has one of the features above that restricts emissions) likewise shall not be considered open burning for purposes of this Part as long as it is used for recreational purposes and not used for the purpose of burning refuse materials.
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.
The Southern Regional Police Department.
Leaves, grass clippings, garden residue, tree trimmings, chipped shrubbery and other vegetative materials.
[Ord. 397 (99-3), 10/6/1999, § IV; as amended by Ord. 441 (2006-2), 6/14/2006, § 1]
1.
After the effective date of this Part, 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, Regional Air Quality Program Office, and set by or under the supervision of a public officer, including control burning by the Fire Department.
B.
Any fire set for the purpose of instructing personnel in firefighting when approved by the Department of Environmental Protection, 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, Regional Air Quality Program Office.
D.
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.
E.
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, when the fire is on the premises of said structure.
F.
A fire set solely for recreational or ceremonial purposes upon prior written approval of the Glen Rock Borough Council.
2.
The exceptions provided in Subsection 1 above shall be conditioned upon meeting the following requirements:
A.
No fire shall be nearer than 50 feet from any building.
B.
No fire shall be allowed to burn on any day before 7:00 a.m. or after 7:00 p.m.
C.
No fire shall be allowed to burn unless at least one person of the age of 18 years or older is constantly present to regulate and control the burning during the time the fire is in existence and to make certain that the fire is completely extinguished before leaving.
D.
Before any outdoor fire is ignited, the Chief of the Glen Rock Hose and Ladder Company must be notified, either directly or by calling 911.
3.
Outdoor fires for the purpose of preparing food are permitted if maintained in fireplaces, grills or other devices designed for such purpose and in such event, the foregoing provisions of Subsection 2 above do not apply to such fires.
4.
The Borough shall reserve the right to place a burn ban or to impose a burning ban in compliance with any order or other directive from the Commonwealth of Pennsylvania or York County. The Fire Chief, Borough Council President, Emergency Management Coordinator and Public Safety Chairperson or Mayor (individually) are authorized to implement a burn ban as conditions shall warrant.
[Ord. 397 (99-3), 10/6/1999, § V]
1.
The Police Department shall have the power and duty to enforce the provisions of this Part.
2.
Glen Rock Borough Council 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 a testing, sampling or monitoring of any open burning; or orders requiring production of information. Such an order may be issued if the Borough of Glen Rock finds that any condition existing in or on the facilities or source involved is causing or contributing to open burning or if Glen Rock Borough finds that any person is in violation of any provision of this Part.
3.
The Borough of Glen Rock 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.
5.
The authority of Glen Rock Borough 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. 397 (99-3), 10/6/1999, § VI]
1.
Whenever the Police Department finds that open burning is occurring in the Borough of Glen Rock, other than those exceptions noted in § 7-105 above, the Police Department may order the owner or operator to take corrective action in a manner satisfactory to Glen Rock Borough Council, or the Police Department may order the owner or operator to allow access to the land by the Police Department 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 any order or recovering the cost of litigation, oversight, monitoring, sampling, testing and investigation related to a corrective action, Glen Rock Borough 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 § 7-107 of this Part.
[Ord. 397 (99-3), 10/6/1999, § VII; as amended by Ord. 490 (2017-05), 10/18/2017]
1.
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 Glen Rock Borough; 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 Glen Rock Borough or its personnel in their performance of any duty hereunder, including denying the codes official access to the source or facility; or to violate the provisions of 18 Pa.C.S.A. § 4903 (relating to false swearing) 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 Glen Rock Borough to result from the source.
2.
Any person violating a provision of this Part shall for the first such violation, upon conviction thereof, be sentenced to pay a fine of not less than $300 nor more than $1,000 plus costs. For any subsequent violation and conviction, the fine shall not be less than $500 nor greater than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 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.
[Ord. 397 (99-3), 10/6/1999, § VIII]
A violation of this Part or of any order issued by the Borough of Glen Rock under this Part shall constitute a public nuisance. Glen Rock Borough shall have the authority to order any person causing a public nuisance to abate the public nuisance. In addition, when abating a public nuisance, Glen Rock Borough may recover the expenses of abatement through an action at law or equity. 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.