[HISTORY: Adopted by the Board of Supervisors
of the Township of Hilltown 9-27-2010 by Ord. No. 2010-5[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 59,
Open Burning, adopted 10-25-1999 by Ord. No. 99-11.
It is against public policy to permit uncontrolled, unrestricted
outdoor burning. The purpose of this chapter is to prevent needless
public damage to life and outdoor property because of public and private
nuisances caused by outdoor fires deliberately or carelessly set and
improperly maintained.
For the purpose of this chapter, the following words and terms
shall have the meanings ascribed to them herein:
A geographic area of this Commonwealth. Pursuant to 25 Pa.
Code 121.1, Hilltown Township is part of the Southeast Pennsylvania
Air Basin.
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 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.
Any fire contained in an incinerator, fireplace, cooking
grill or other contained enclosure designed for outdoor cooking, or
a fireproof container.
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 or similar materials.
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 of wastes and dirt-laden roots.
As defined in Act 101[1], as adopted and amended, includes leaves, garden residue,
shrubbery and tree trimmings, and similar material, but not grass
clippings.
A fire, the air contaminants from which are emitted directly
into the outdoor atmosphere and not directed thereto through a flue.
Any individual, partnership, organization, association, agency,
firm, estate or corporation, and any other legal or commercial entity.
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.
Any fire not included in the definition of a "contained fire."
As defined in Act 101,[2] as adopted and amended, includes leaves, garden residue,
shrubbery, tree trimmings, and grass clippings.
A.
Compliance with ordinance. It shall be unlawful to burn, ignite,
incinerate, maintain or permit to burn any materials whatsoever, of
whatever nature, without complying with this chapter.
B.
Exceptions. The following types of open burning are permitted so
long as such burning is in compliance with the general prohibitions
listed below.
(1)
A fire set to prevent or abate a fire hazard, when approved by the
Department of Environmental Protection's Bureau of Air Quality
and set by or under the supervision of a public officer.
(2)
Any fire set for the purpose of instructing personnel in firefighting,
when approved by the Department of Environmental Protection's
Bureau of Air Quality.
(3)
A fire set for the prevention and control of disease or pests, when
approved by the Department of Environmental Protection's Bureau
of Air Quality.
(4)
A fire set for the purpose of burning grubbing waste. An air curtain
destructor must be used and must be approved by the Department of
Environmental Protection's Bureau of Air Quality.
(5)
A fire set in conjunction with the production of agricultural commodities
in their unmanufactured state on the premises of the farm operation.
(6)
A fire set solely for cooking food.
(7)
A fire set for recreational or ceremonial purposes.
C.
General prohibitions. The below listed prohibitions shall apply throughout
the Township and to incidents of open burning:
(1)
Domestic refuse, leaf waste, and yard waste. No person shall set,
start, feed, permit to burn, or maintain any fire using domestic refuse,
recyclable materials, leaf waste and/or yard waste at any time.
(2)
Public roads and public properties. No person shall set, start, feed,
permit to burn, or maintain any fire upon any of the streets and/or
rights-of-way, sidewalks, alleys, or public grounds in Hilltown Township,
except where a designated area has been set aside and reserved for
this purpose by the Township and an appropriate container has been
provided to contain such fire.
(3)
Control of burning and unattended fires. No fire shall be allowed
to burn unattended without a responsible adult being present at all
times and without readily available fire-extinguishing apparatus.
No fire shall be set that results in uncontrolled burning of vegetation
(field fires).
(4)
Drought/extreme weather. No fire shall be permitted to burn whenever
drought or extreme weather conditions exist or when a ban on open
burning has been placed into effect by the Commonwealth of Pennsylvania
or other competent governmental body. The Board of Supervisors may
prohibit any and all outdoor fires when atmospheric conditions or
local circumstances make such fires hazardous.
(5)
Notice. Prior to a planned cooking, recreational or ceremonial burn,
a person must notify the Hilltown Township Police Department at (215)
453-6000, Extension 226, Monday through Friday, between the hours
of 8:00 a.m. and 4:00 p.m., or at (215) 453-6011 after hours and/or
on weekends.
(6)
Hours. No person shall burn or cause to be burned any material of
any kind outdoors, anywhere in the Township of Hilltown, between sunset
and sunrise; excepting fires set solely for cooking food and those
set for recreational or ceremonial purposes. Recreational fires must
use natural, untreated wood and contain a fuel source of no more than
eight cubic feet.
(7)
Unlawful substances. Burning of construction debris, plastics, by-products
of manufacturing and processing operations, wastes from commercial
operations is strictly prohibited. Nothing herein shall be construed
to permit or encourage the burning of any substances determined by
the Commonwealth of Pennsylvania or the United States Environmental
Protection Agency to be a hazardous substance; nor shall any fire
be permitted to burn by any person if such burning is in violation
of the Air Pollution Control Act[1] or other legislation of the Commonwealth of Pennsylvania
or the United States of America or any other competent body. No garbage
or offal may be burned at any time either indoors or outdoors. Fires
shall be used only to burn readily combustible materials.
[1]
Editor's Note: See 35 P.S. § 4001 et seq.
(8)
Total prohibition. No open burning of any sort shall be permitted
between the hours of 1:00 a.m. and 5:00 a.m.
Any fire set or allowed to burn in violation of this chapter
may be extinguished by the Hilltown Township Fire Company or other
authorized body, without prior notice to the landowner. In the event
that a fire company is required to respond to a fire which violates
this chapter, a service fee may be levied by the responding fire company.
A.
Prevention. Hilltown Township may issue such orders as are necessary
to aid in the enforcement of the provisions of this chapter. 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 chapter; orders
to take corrective action or to abate a public nuisance; orders requiring
the testing, sampling, or monitoring of any open burn; or others requiring
production of information. Such an order may be issued if Hilltown
Township finds that any condition existing in or on the facility or
source involved is causing or contributing to open burning or if Hilltown
Township finds that any person is in violation of any provision of
this chapter. Hilltown Township may, in its order, require compliance
with such conditions as are necessary to prevent or abate open burning
or affect the purposes of this chapter. An order issued under this
section shall take effect upon notice. An appeal of such order shall
not act as a supersedeas; provided, however, that, upon application
and for cause shown, such a supersedeas may issue.
B.
Criminal penalties. Any person who violates any provision of this
chapter or any order of Hilltown Township issued pursuant to this
chapter commits a summary offense and shall, upon conviction, be sentenced
to pay a fine of not less than $100 nor more than $1,000 for each
separate offense and, in default of the payment of such fine, may
be sentenced to imprisonment for 30 days for each separate offense.
Employees of Hilltown Township are authorized to conduct inspections
or investigations and are hereby declared to be lawful enforcement
officers authorized to issue or file citations for summary violations
under this chapter, and the Hilltown Township Board of Supervisors
is hereby authorized to prosecute these offenses. For purposes of
this section, a summary offense may be prosecuted before any District
Justice. There is no accelerated rehabilitative disposition authorized
for a summary offense.
C.
Civil penalties. In addition to proceeding under any other remedy
available at law or in equity for a violation of a provision of this
chapter or any order issued pursuant to this chapter, Hilltown Township
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 $8,000 per day for each violation. In determining
the amount of penalty, Hilltown Township shall consider the willfulness
of the violation, damage to air, soil, water, or other natural resources
of Hilltown Township or their uses; financial benefit to the person
in consequence of the violation; deterrence of future violations;
cost to Hilltown 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. In any case
where a civil penalty for violation has not been timely paid and the
person upon whom the penalty was imposed is found to have been liable
therefor in civil proceedings, the violator shall be liable for the
penalty imposed, including additional daily penalties for continuing
violations, plus court costs and reasonable attorneys' fees incurred
by the Township in enforcement proceedings.
D.
Equitable and other remedies. No penalties herein shall prevent the
Township from enforcing this chapter by equitable, injunctive and
other remedies.
E.
Liability. Hilltown Township 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 provisions of this
chapter, or by the reason of the conduct of any burning activity in
compliance with the terms and provisions of this chapter. The individual
person or party responsible for any such fire shall bear sole liability
for any damages caused as a result thereof.
The sections of this chapter are severable; and if any section
or part thereof is found to be unconstitutional or unenforceable,
then such determination shall not affect the validity of the remaining
sections or parts thereof.
