[HISTORY: Adopted by the Borough Council of the Borough of Bath 7-7-2014 by Ord. No. 2014-642. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Borough of Bath Air Pollution Control and Open Burning Ordinance."
Whereas the Council of the Borough of Bath has determined that air pollution from an open fire and the open burning of leaf waste and recyclable materials may be detrimental to the health, comfort, living conditions, welfare and safety of the citizens of the Borough of Bath, it is hereby declared to be the policy of the Borough of Bath to safeguard the citizens of the Borough of Bath from such air pollution.
The following words, terms and phrases, as used in this chapter, unless the context clearly indicates 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 chapter, smoldering shall have the same meaning as burning and any smoldering shall be deemed a burning.
- CLEARING AND GRUBBING WASTES
- 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 laden roots.
- Borough Council.
- Any enclosed device specifically designed for the burning of any material for the production of heat.
- All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
- Any device specifically designed for the destruction by burning of refuse, sewage sludge or any other combustible material.
- LEAF WASTE
- Leaves, garden residues, shrubbery and tree trimmings, and similar material, but not including grass clippings.
- OPEN BURNING/OPEN FIRE
- A fire, the air contaminants from which are emitted directly into the outdoor atmosphere and not directed thereto through a flu, furnace or incinerator. As used in this chapter, open burning shall have the same meaning as open fire and the phrases may be used interchangeably.
- 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.
- RECYCLABLE MATERIALS
- Clear glass bottles/jars, colored glass (amber, green and brown) bottles/jars, plastic: PET and HDPE bottles, aluminum cans, steel and bimetallic cans, newsprint, high-grade officer paper, other marketable grades of paper, mixed paper, junk mail, magazines, catalogs, polycoated paper containers, corrugated cardboard (OCC), empty aerosol cans, leaf waste, yard waste, telephone books, commingled materials and single-stream materials.
- The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed of or processed as municipal waste.
- Garbage, rubbish and trade waste.
- Solids not considered to be highly flammable or explosive, including but not limited to rags, old clothes, leather, rubber, carpets, wood, excelsior, ashes, furniture, crockery, masonry and other similar materials.
- SALVAGE OPERATION
- 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 and other petroleum products, chemicals, cinders and other forms of solid or liquid waste materials; provided, however, that trade waste shall not include any coal refuse associated with the mining or preparation of coal.
Any officer of the Colonial Regional Police Department (CRPD) or any other Borough official as authorized by Council shall have the power and duty to enforce the provisions of this chapter, and for that purpose shall be considered authorized Code Enforcement Officer(s).
After July 7, 2014, no person may permit the open burning of material or engage in the following activities:
Ignite or feed an open fire for the destruction of refuse or in the conduct of a salvage operation in any public or private place outside of any building;
Cause, suffer, allow or permit the maintenance of any open fire for the destruction of refuse or in the conduct of a salvage operation on any property under his control outside of any building; or
Burn leaf waste, recyclable materials or any material designated for recycling by the Borough of Bath in an open fire.
Open burning is permitted for the following set of exceptions:
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.
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.
A fire set for the prevention and control of disease or pests, when approved by the Department of Environmental Protection's Region Quality Program's Office.
A fire set for the purpose of burning clearing and grubbing waste.
A fire set in conjunction with the production of agricultural commodities in their unmanufactured state on the premises of the farm operation.
A fire set solely for recreational or ceremonial purposes.
Open burning may take place on private property with the prior approval of the authorized Code Enforcement Officer of this chapter, provided:
Only rubbish is burned;
There is no practical available alternate method for the disposal of the material to be burned;
No hazardous or other objectionable condition will be created by such burning;
The fire shall be built in and confined to a noncombustible container, covered with a screen of 1/2 inch or smaller mesh;
The open fire shall not be left unattended or be allowed to smolder;
No such fire shall be allowed to burn on any Sunday or legal holiday; and
No such fire shall be allowed to burn upon any day, except between the hours of 7:00 a.m. and 6:00 p.m.
Any person who shall violate any provision of this chapter is subject to the penalties pursuant to the procedures described in Section 3321 of the Borough Code (8 Pa.C.S.A. § 3321). The Borough shall initiate a criminal enforcement proceeding before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.
The Borough Solicitor may assume charge of the prosecution without the consent of the District Attorney as required under the Pennsylvania Rules of Criminal Procedure No. 454.
Any person found guilty of violating any provision of this chapter shall pay criminal fines not to exceed $1,000 per violation and may be subject to imprisonment to the extent allowed by law for the punishment of summary offenses. The Borough may also assess reasonable attorney fees incurred by the Borough in the enforcement proceedings. All fines, costs, penalties and fees collected for the violation of the chapter must be paid to the Borough Treasurer.